Terms
of Use (UPDATED:
November 28, 2007) House
Music Links, Inc. ("HML") welcomes you. HML provides online services through our
web sites HouseMusicLinks.com ("the HouseMusicLinks site"), MyHumor.com ("the
MyHumor site"), CrazyFunny.com ("the CrazyFunny site"), and FreeUploading.com
("the FreeUploading site") collectively known as "the HML Sites".
- This
Agreement
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the HML Sites. By using the HML Sites, you agree
to be bound by this Agreement, whether you are a "visitor", which means that you
are simply viewing one of the HML Sites with an internet browser or other software,
or you are a "member", meaning you have registered with HML for one or more of
the HML Sites. The term "user" shall refer to both visitors and members. You are
only authorized to use the HML Sites, whether such use is intentional or not,
if you agree to abide by this Agreement, and all other applicable laws. Please
read this agreement carefully and save it. If you do not agree with it, you should
leave the HML Sites immediately, and discontinue use of the HML Sites. If you
wish to become a member, communicate with other members, and make use of the HML
Sites, you must read this Agreement, and indicate that you have read it and accepted
its terms during the registration process.
- Modification
HML may modify this Agreement from time to time and such modification shall
be effective upon posting on the HML Sites. You agree to be bound to any changes
to this Agreement when you use the HML Sites after any such modification is posted.
It is important that you review this Agreement regularly to ensure you are aware
of any changes.
- Description
of Services
HML provides users with access to a rich collection of resources,
including various communications tools, forums, srch services and personalized
content through its network of properties which may be accessed through any various
medium or device now known or hereafter developed (the "Service"). You also understand
and agree that the HML Sites may include certain communications from HML, such
as service announcements, administrative messages and the HML Newsletter, and
that these communications are considered part of HML membership and you will not
be able to opt out of receiving them. Unless explicitly stated otherwise, any
new features that augment or enhance the current Service, including the release
of new HML properties, shall be subject to this Agreement. You understand and
agree that the HML Sites is provided "AS-IS" and that HML assumes no responsibility
for the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings. You are responsible for obtaining access to the HML
Sites, and that access may involve third-party fees (such as Internet service
provider or airtime charges). You are responsible for those fees. In addition,
you must provide and are responsible for all equipment necessary to access the
HML Sites.
- HML's
Trademarks, Copyrights, and other Intellectual Property Rights
The HML
Sites and any related software are protected by copyright, trademark, and other
laws and international treaties. Except as described in Section 23, all intellectual
property rights such as but not limited to patents, trademarks or copyrights related
to the HML Sites are the property of HML. You agree that your use of the HML Sites
is through a limited nonexclusive license. HML is and remains the owner of all
titles, rights, and interests in the HML Sites. You acknowledge and agree that
you shall not modify, translate, reverse engineer, decompile or disassemble the
Software or any part thereof or otherwise attempt to derive source code or create
derivative works there from. You acknowledge and agree that you are not allowed
to remove, alter or destroy any proprietary, trademark or copyright markings or
notices placed upon, contained within, or used in relation to the HML Sites.
- Your
Registration Obligations
In consideration of your use of the HML Sites,
you represent that you are of legal age to form a binding contract and are not
a person barred from receiving services under the laws of the United States or
other applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the HML Sites's
registration form (the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete,
or HML has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, HML has the right to suspend or terminate your account
and refuse any and all current or future use of the HML Sites (or any portion
thereof). HML is concerned about the safety and privacy of all its users, particularly
children. You must be over thirteen years of age to register for HML's services.
By using the HML Sites, you represent and warrant that you have the right, authority,
and capacity to enter into this Agreement and will abide by the terms and conditions
of this Agreement.
- HML
Privacy Policy
Registration Data and certain other information about you
is subject to our Privacy Policy. By using the HML Sites, you are representing
that you have read that Privacy Policy and that you have accepted its terms. You
understand that through your use of the HML Sites you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for storage,
processing and use by HML, its affiliates and under certain circumstances, commercial
partners. The HML Privacy Policy, as available at the HML Sites, is incorporated
into this agreement by reference.
- Member
Account, Password and Security
You will receive a password and account
designation upon completing the HML Sites's registration process. You are responsible
for maintaining the confidentiality of the password and account and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify HML of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. HML cannot and will not be liable for any
loss or damage arising from your failure to comply with this Section. HML may
charge a fee for membership in or access to any of the HML sites as it deems appropriate.
Such fee shall be non-refundable.
- Bandwidth
Limitations
You understand that you will use only a reasonable amount
of bandwidth, that is, that you are responsible for ensuring that the amount of
data transmitted between third-parties and HML for the purposes of viewing content
that you control will remain within a reasonable limit. HML will set that limit
at its sole discretion. HML take any remedies to cure use of an unreasonable amount
of bandwidth, including, but not limited to, removing access to content causing
unreasonable bandwidth usage, either temporarily or permanently; temporarily or
permanently suspending your member account; or terminating this agreement.
- Member
Conduct
You understand that all information, data, text, software, music,
sound, photographs, graphics, video, messages or other materials ("content"),
whether publicly posted or privately transmitted, are the sole responsibility
of the person from whom such content originated. This means that you, and not
HML, are entirely responsible for all content that you upload, post, email, transmit
or otherwise make available via the HML Sites. HML does not control the content
posted via the HML Sites and, as such, does not guarantee the accuracy, integrity
or quality of such content. You understand that by using the HML Sites, you may
be exposed to content that is offensive, indecent or objectionable. Under no circumstances
will HML be liable in any way for any content, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of any content posted, emailed, transmitted or otherwise
made available via the HML Sites. You agree to not use the HML Sites to:
-
upload, post, email, transmit
or otherwise make available any content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any
way;
- impersonate
any person or entity, including, but not limited to, a HML official, forum leader,
guide or host, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
- forge
headers or otherwise manipulate identifiers in order to disguise the origin of
any content transmitted through the HML Sites;
- upload,
post, email, transmit or otherwise make available any content that you do not
have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements);
- upload,
post, email, transmit or otherwise make available any content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights of any
party;
- upload,
post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas (such as shopping)
that are designated for such purpose;
- upload,
post, email, transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
- disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than other users
of the HML Sites are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
-
interfere with or disrupt the
HML Sites or servers or networks connected to the HML Sites, or disobey any requirements,
procedures, policies or regulations of networks connected to the HML Sites;
- intentionally or
unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities exchange,
including, without limitation, the New York Stock Exchange, the American Stock
Exchange or the NASDAQ, and any regulations having the force of law;
-
provide material support or
resources (or to conceal or disguise the nature, location, source, or ownership
of material support or resources) to any organization(s) designated by the United
States government as a foreign terrorist organization pursuant to section 219
of the Immigration and Nationality Act;
- "stalk"
or otherwise harass another; and/or
- collect
or store personal data about other users in connection with the prohibited conduct
and activities set forth in paragraphs a through m above.
You acknowledge that HML may
or may not pre-screen content, but that HML and its designees shall have the right
(but not the obligation) in their sole discretion to pre-screen, refuse, or move
any content that is available via the HML Sites. You acknowledge that the determination
regarding any content (and in particular whether such content violates any of
the foregoing restrictions) shall be made exclusively by HML, in its sole discretion.
Without limiting the foregoing, HML and its designees shall have the right to
remove any content that violates the TOS or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any content,
including any reliance on the accuracy, completeness, or usefulness of such content.
In this regard, you acknowledge that you may not rely on any content created by
HML or submitted to HML, including without limitation information in HML Message
Boards and in all other parts of the HML Sites. You acknowledge, consent and agree
that HML may access, preserve and disclose your account information and content
if required to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to: - comply
with legal process;
- enforce
the Agreement;
- respond
to claims that any content violates the rights of third parties;
-
respond to your requests for
customer service;
- protect
the rights, property or personal safety of HML, its users and the public.
You understand that
the technical processing and transmission of the HML Sites, including your content,
may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices. You understand
that the HML Sites and software embodied within the HML Sites may include security
components that permit digital materials to be protected, and that use of these
materials is subject to usage rules set by HML and/or content providers who provide
content to the HML Sites. You may not attempt to override or circumvent any of
the usage rules embedded into the HML Sites. Any unauthorized reproduction, publication,
further distribution or public exhibition of the materials provided on the HML
Sites, in whole or in part, is strictly prohibited.
- Special Admonitions
for International Use
Recognizing the global nature of the Internet, you
agree to comply with all rules regarding online conduct specific to any geographic
location in which you use the HML Sites. You also agree to comply with any applicable
United States export rules that may govern the geographic location in which you
use the HML Sites.
- Indemnity
You agree to indemnify and hold harmless HML and its subsidiaries, affiliates,
officers, agents, employees, partners, licensors and licensees from any claim
or demand, including attorney's fees and costs, made by any third party due to
or arising out of your use of the HML Sites, your connection with the HML Sites,
or your violation of this Agreement.
- No
Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade,
resell, or exploit for any commercial purpose, any portion of the HML Sites, use
of the HML Sites, or access to the HML Sites.
- General
Practices Regarding Use and Service
You agree that HML may establish general
practices and limits concerning use of the HML Sites, including without limitation
- Modifications
to Service
HML reserves the right at any time and from time to time to
modify or discontinue, temporarily or permanently, the HML Sites (or any part
thereof) with or without notice. You agree that HML shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the
HML Sites.
- Termination
You agree that HML may, under certain circumstances and without prior notice
and at HML's sole discretion, immediately terminate your HML account, any associated
email address, and access to the HML Sites. Cause for such termination shall include,
but not be limited to:
- breaches
or violations of the TOS or other incorporated agreements or guidelines
- requests by law enforcement
or other government agencies
- a
request by you (self-initiated account deletions)
- discontinuance
or material modification to the HML Sites (or any part thereof)
-
unexpected technical or security
issues or problems
- extended
periods of inactivity
- engagement
by you in fraudulent or illegal activities, or
- nonpayment
of any fees owed by you in connection with the HML Sites.
Termination of your membership
includes: - removal
of access to all offerings within the HML Sites, including but not limited to
HML Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message Boards,
Greetings, Alerts and Games
- deletion
of your password and all related information, files and content associated with
or inside your account (or any part thereof)
- barring
of further use of the HML Sites.
Further,
you agree that all terminations for cause shall be made in HML's sole discretion
and that HML shall not be liable to you or any third party for any termination
of your account, any associated email address, or access to the HML Sites.
- Dealings
with Advertisers
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the HML Sites, including payment
and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
advertiser. You agree that HML shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the HML Sites.
- Links
The HML Sites or third parties may provide links to other World Wide Web
sites or resources. Because HML has no control over such sites and resources,
you agree that HML is not responsible for the availability of such external sites
or resources, and you agree that HML does not endorse and is not responsible or
liable for any content, advertising, products or other materials on or available
from such other sites or resources. You further agree that HML shall not be responsible
or liable, directly or indirectly, for any damage or loss caused by or in connection
with use of or reliance on any such content, goods or services associated with
any such site or resource.
- Disclaimer
of Warranties
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
You understand and expressly agree that: - Your
use of the HML Sites is at your sole risk. The HML Sites are provided on an "as
is" and "as available" basis. HML and its subsidiaries, affiliates, officers,
employees, agents, partners, and licensees disclaim all warranties of any kind,
whether express of implied, including, but not limited to, an implied warranty
of merchantability, any express or implied warranty of fitness for a particular
purpose, and any implied or express warranty of non-infringement.
-
HML and its subsidiaries, affiliates,
officers, employees, agents, partners, and licensors and licensees make no warranty
that
- The
HML Sites will meet your requirements;
- Access
to the HML Sites will be uninterrupted, timely, secure or error-free
-
The results that may be obtained
from use of the HML Sites will be accurate or reliable
- The
quality of any products, services, information or other material you may purchase
or obtain through the HML Sites will meet your expectations; or
-
That any errors in any software
related to the HML Sites will be corrected.
- Any
material you download or otherwise obtain through use of the HML Sites you access
at your sole risk. You agree that you shall be solely responsible for any damage
to your computer system or loss of data that results from the download of or accessing
of any such material.
- No
communication between HML and you, or through or from the HML Sites shall create
any warranty not expressly created in this Agreement.
- Limitation
of Liability
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLYYou
expressly understand and agree that HML and its subsidiaries, affiliates, officers,
directors, employees, agents, partners, and licensors shall not be liable to you
for any direct, indirect, incidental, special, consequential or exemplary damages,
including, but not limited to, damages for loss of profits, goodwill, loss of
use, loss of data or other intangible losses, even if HML has been advised of
the possibility of such damages, resulting from: - The
use or the inability to use the HML Sites;
- The
cost of procurement of substitute goods or services resulting from any goods,
data, information or services purchased or obtained or messages received or transactions
entered into through or from the HML Sites;
- Unauthorized
access to or alteration of your transmissions or data;
- Any
postings or transmissions made by you, the user;
- Statements
or conduct of any third party on the HML Sites; or
- Any
other matter relating to the HML Sites.
- Exclusions
and Limitations
THIS SECTION IS EXTREMELY IMPORTANT. PLEASE READ IT CAREFULLY
Some Jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations of Sections 18 and 19 may not apply
to you.
- No
Third Party Beneficiaries
You agree that, except as otherwise expressly
provided in this Agreement, there shall be no third-party beneficiaries to this
agreement.
- Notices
HML may provide you with notices, including those regarding changes to this Agreement,
at HML's sole discretion, in any manner HML decides, including, but not limited
to, posting to one of the HML Sites, email or regular mail.
- Content
Submitted or Made Available for Inclusion in the HML Sites
If user submits
or posts any content, user acknowledges that it owns the copyright rights to such
content and user alone shall defend and be responsible for any proceeding regarding
the ownership or intellectual property rights of such content. HML does not claim
ownership, or any right in, content you submit or make available for inclusion
on the HML Sites. However, with respect to such content, you grant HML the following
worldwide, royalty-free and non-exclusive license or licenses, as applicable:
- With respect to photos,
graphics, audio or video you submit or make available for inclusion on publicly
accessible areas of the HML Sites, the license to use distribute, reproduce, modify,
adapt, publicly perform and publicly display such content on the HML Sites solely
for the purpose for which such content was submitted or made available. This license
exists only for as long as you elect to continue to include such content on the
HML Sites, and will terminate at the time you remove, or HML removes such content
from the HML Sites.
- With
respect all other content, the perpetual, irrevocable and unrestricted license
to use, distribute, reproduce, modfy, adapt, publish, ranslate, publicly perform
and publicly display such content and to incorporate such content into other works
in any format or medium now known or later developed.
For the purposes of this section,
"publicly accessible" areas of the HML Sites are those areas of the HML Sites
that HML, at its sole discretion, intends to be viewable to visitors as well as
to members. - Notice
and Procedure for Making Claims of Copyright, Trademark, or other Intellectual
Property Infringement
- Entire
Agreement
This Agreement constitutes the entire agreement between you
and HML and governs your use of the HML Sites, superseding any prior agreements
between you and HML with respect to the HML Sites. No agreement other than this
shall govern your use of the HML Sites, unless it is incorporated herein. The
HML privacy policy is incorporated herein in http://www.HouseMusicLinks.com/privacy.html.
There shall be no modification or amendment to this agreement except in writing
at the sole discretion of HML. You agree that posting of a modification or amendment
to this agreement to any of the HML Sites named in this agreement shall constitute
acceptable notice such modification or amendment.
- Choice
of Law, Forum and Venue
The Agreement, and the relationship between you
and HML shall be governed by the laws of the Florida without regard to its Conflict
of Laws provisions, and without regard to your domicile or physical location.
You and HML agree to submit to the exclusive personal jurisdiction of Miami, Florida
either in the State or Federal courts with jurisdiction thereof. You and HML agree
that proper venue for any claims arising out of or related to this Agreement shall
be county of Dade, Miami Florida.
- Severability
and Waiver
The failure of HML to exercise or enforce any right or provision
of the Agreement shall not constitute a waiver of such right or provision. If
any provision of the Agreement is found by a court of competent jurisdiction to
be invalid, you and HML nonetheless agree that the court should endeavor to give
full effect to the parties' intentions as reflected in the provision, and you
and HML agree that other provisions of the Agreement remain in full effect.
-
Non-Transferrability and
No Right of Survivorship
You agree that your right to access the HML Sites
through a membership is non-transferable and any rights to your membership or
contents within your account terminate upon your death. Upon receipt of a copy
of a death certificate, your account may be terminated and all contents permanently
deleted.
-
Claim Time Limitation
You agree that regardless of any law to the contrary, any claim or cause
of action arising out of or related to use of the HML services, or this Agreement
must be filed within one year after such claim or cause of action arises or be
forever barred.
- Section
Headers Non-binding
The section headers are a convenience only and have
no legal effect. |
