HIT GROUP CORPCorp. Terms & Conditions Last Updated: June 14, 2023
PLEASE READ THIS TERMS OF SERVICE CAREFULLY. IT SETS FORTH THE
LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE,
INCLUDING MUSIC CONTENT AND OTHER SERVICES WE MAKE AVAILABLE THROUGH
THE SERVICE. THESE TERMS REQUIRE YOU ARBITRATE ANY DISPUTES YOU HAVE
WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN A
CLASS ACTION FORMAT.
Introduction
Welcome! The Terms of Service (“Terms”) governs the
website www.thehit.com (including both mobile and online versions)
(the “Site”), including your use of interactive features, applications
(“Apps”), content and/or other online services that we own and control
and that post a link to these Terms (collectively with the Site, the
“Service”), which are made available by HIT GROUP CORP.
(“THEHIT.COM”, “we”, “our” or “us”). By using the Service, you
acknowledge and accept the Service’s Privacy Policy and consent to the collection and use of your data in accordance with
our Privacy Policy . THEHIT.COM may, from time to time, provide you
with information relating to customers that purchase Your Content,
subject to our Privacy Policy and the preferences of our customers. You may only use, and disclose
this information to a third party, for your internal record keeping
purposes. You may not disclose any of this information to a third party
or use it for any other purpose. In all events, you will comply with the
terms of HIT GROUP CORP Privacy Policy in connection with the customer data provided under this Agreement.
THIS AGREEMENT, WHEN ACCEPTED BY YOU AFTER CLICK “I AGREE”, WILL
CREATE A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND US,
WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS THE
AUTHORIZED REPRESENTATIVE FOR AN ARTIST, BAND, GROUP OR CORPORATION,
IN WHICH CASE “YOU” SHALL REFER TO THE ARTIST, BAND, GROUP OR
CORPORATION ON WHOSE BEHALF YOU ARE ACTING AND AUTHORIZED TO ACT.
THEREFORE, PLEASE READ THIS AGREEMENT CAREFULLY AND CONSULT WITH YOUR
OWN BUSINESS AND LEGAL ADVISORS BEFORE CLICKING “I AGREE.” THE
“EFFECTIVE DATE” OF THIS AGREEMENT IS THE DATE ON WHICH YOU CLICK THE
“I AGREE” BUTTON BELOW.
We reserve the right to add, delete and/or modify any of the terms and
conditions contained in this Agreement. Notwithstanding the preceding
sentence, no modifications to this Agreement will apply to any dispute
between you and THEHIT.COM that arose prior to the date
of such modification. In the event of substantive changes to the terms
of this Agreement, you will be notified by email. If any modification is
unacceptable to you, your only recourse is to discontinue use of the
Services. Your continued use of the Services following posting of a
change notice or new agreement on the Site or notice to you via e-mail,
will constitute your binding acceptance of the changes. YOU ARE RESPONSIBLE FOR MAINTAINING A VALID E-MAIL ADDRESS ON FILE
WITH THEHIT.COM FOR SO LONG AS YOU AVAIL YOURSELF OF ANY SERVICES.
If You Want to Use the Service,
Then carefully read these entire Terms (including all links to details),
as they constitute a written agreement between you and us and they
affect your legal rights and obligations. Each time you access and/or
use the Service (other than to simply read these Terms), you agree to be
bound by and comply with these Terms and any Additional Terms (defined
below) then posted. Therefore, do not use the Service if you do not agree.
The business realities associated with operating the Service are such
that, without the limitations that are set forth in these Terms, such as
your grants and waivers of rights, the limitations on our liability,
your indemnity of us, and the arbitration of certain disputes – we would
not make the Service available to you.
By accessing and/or using the Service, you agree to be bound by these
Terms. In some instances, both these Terms and separate guidelines,
rules, or terms of use or sale setting forth additional or different
terms and/or conditions will apply to your use of the Service or to a
service or product offered via the Service (in each such instance, and
collectively “Additional Terms”). To the extent there is a conflict
between these Terms and any Additional Terms, the Additional Terms will
control unless the Additional Terms expressly state otherwise.
Additionally, certain features and services made available through the
Service from time to time may be governed by different terms of use.
Linkable Table of Contents
It is important that you read and understand these entire Terms before
using the Service. To ease review, each section below includes a brief
introductory summary and a link to the full explanation. Please note
that the complete provisions, and not the headings or summaries shall
govern. You can click on the headings and “More” buttons to be taken to
the full explanation. Any capitalized terms have the meanings given to
them were defined in the Terms.
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Content, Ownership, Limited License and Rights of Others
We only grant you a limited revocable license to use the Service for
your own non-commercial use subject to rules and limitations. Music
Content (defined below) is subject to different terms as noted in this
Section. More
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Service and Content Use Restrictions
Your use of our Service is subject to various restrictions designed to
protect the Service and our users. We may change or discontinue our
Service in whole or in part. More
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Terms Applicable to Purchases and/or Subscriptions
If you make a purchase through the Service (including subscriptions to
the Service), these terms apply. More
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Accounts
You may have the opportunity to open, revise and close your accounts,
subject to certain rules. We may offer you the ability to make choices
regarding how and to whom some aspects of your account are used and
seen, but these may not be completely effective. More
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Content You Submit and Community Usage Rules
You grant us a broad license, which we may sublicense, to the content
you submit which you represent. You have the right to allow us to use.
You, however, retain ownership of and responsibility for, your content.
Use of our Service is subject to community usage rules and we have the
right to manage our Service to keep its content appropriate. More
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Procedure For Alleging Copyright Infringement
Users may not post content they do not own or control, and may be
suspended or terminated if they do so. Copyright owners may give us
notice of infringement by following specific instructions specifically
addressed in this Section. More
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Procedure For Alleging Infringement of Other Intellectual
Property
You can also give notice of trademark and other infringements that you
think occur on the Service. More
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Notices and Questions
You agree we may provide you notices, including of new terms and
conditions, by posting notice on the home page of the Service, changing
the date at the beginning of these Terms or by other reasonable means
that we may elect, such as to the email address you provided. More
- Links by You to the Service
You may link to our Service, subject to some basic rules. More
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Linked-To Websites; Advertisements; Dealings with Third Parties
We are not responsible for third parties or their content,
advertisement(s), apps, sites, products and/or services. We may make
advertisements and third-party content or services available to you on
or via our Service, which we do not control. Use caution when dealing with third parties. More
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Wireless Features
Wireless carrier charges may apply to use of the Service via wireless
networks or Devices. More
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Dispute Resolution
You agree to arbitrate most disputes and waive jury trial and class
actions and to bring many types of claims within one (1)
year. More
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Disclaimer of Representations and Warranties
We disclaim warranties to the extent permitted by applicable law, and
provide the Service “As Is”. More
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Limitations of our Liability
Our liability is greatly limited. More
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Updates to Terms
These Terms and Additional Terms posted on the Service at each time of
use apply to that use, and the Terms may be prospectively updated as our
Service evolves. Posting of new Terms on the Service is notice to you
thereof. More
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General Provisions
You agree to various other terms and conditions, which you should read
here, regarding: (1) THEHIT.COM Consent or Approval;(2)Relationship of the Parties;
(3)Entire Agreement; (4)Binding Effect ; (5)Rights Cumulative; (6)No
Third Party Beneficiaries; (7)Headings; (8)Assignment ; (9)Indemnity ;
(10)Operation of Service; Availability of Products and Services;
International Issues ; (11)Severability; Interpretation; (12)
Communications; (13) Investigations; Cooperation with Law Enforcement;
Termination; Survival; (14) Assignment; (15) No Waiver; and (16) Connectivity. More
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Terms Applicable For Apple Device Users
There are some other things you should know if you are accessing or
using our App through an Apple Device. More
Full Details of the Terms of Service
A. Content, Ownership, Limited License and Rights of Others
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Content
The Service contains a variety of: (i) materials and other items
relating to HIT GROUP CORP(THEHIT.COM, and its products and services,
and similar items from our licensors and other third parties, including
all layout, information, articles, posts, text, data, files, images,
scripts, designs, graphics, button icons, instructions, illustrations,
photographs, audio clips, music, sounds, pictures, videos, advertising
copy, URLs, technology, software, interactive features, the “look and
feel” of the Service, and the compilation, assembly, and arrangement of
the materials of the Service and any and all copyrightable material
(including source and object code); (ii) trademarks, trade dress, logos,
trade names, service marks, and/or trade identities of various parties,
including those of HIT GROUP CORP (THEHIT.COM) (collectively,
“Trademarks”); and (iii) other forms of intellectual property (all of
the foregoing but excluding Music Content (defined below), collectively,
“Content”).
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Ownership
The Service (including past, present, and future versions) and the
Content are owned or controlled by HIT GROUP CORP (THEHIT.COM), our
licensors and/or certain other third parties. All right, title, and
interest in and to the Content available via the Service is the property
of HIT GROUP CORP (THEHIT.COM) or our licensors or certain other third
parties, and is protected by U.S. and international copyright,
trademark, trade dress, patent, and/or other intellectual property and
unfair competition rights and laws to the fullest extent possible. HIT
GROUP CORP (THEHIT.COM) owns the copyright in the selection,
compilation, assembly, arrangement, and enhancement of the Content on
the Service.
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Limited License to Content
Subject to your strict compliance with these Terms (including payment of
a subscription fee) (defined below) and any Additional Terms, excluding
Music Content (defined below), HIT GROUP CORP (THEHIT.COM) grants you a
limited, non-exclusive, revocable, non-assignable, personal, and
non-transferable license to: (i) download (temporary storage only),
display, view, use, play, and/or print one copy of the Content
(excluding source and object code in raw form or otherwise, other than
as made available to access and use to enable display and functionality)
on a personal computer, mobile phone or other wireless device, or other
Internet enabled device (each, a “Device”) for your personal,
non-commercial use only. The foregoing limited license: (i) does not
give you any ownership of, or any other intellectual property interest
in, any Content, and (ii) may be immediately suspended or terminated for
any reason, in HIT GROUP CORP (THEHIT.COM)’ sole discretion, and without
advance notice or liability. In some instances, we may permit you to
have greater access to and use of Content, subject to certain Additional
Terms.
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Rights to Music Content
The Service contains a cloud-based technology platform (the “Platform”)
that enables users (“Licensors”) of the Service to license to other
users of the Service (“Licensees”), for agreed-upon compensation,
certain sound recordings (each individually, a “Master” and
collectively, the “Masters”) and underlying musical compositions
embodied therein (each individually, a “Composition” and collectively,
the “Compositions”) for the purpose of possible embodiment (“Sample”,
“Sampling”) in other derivative master recordings (each, a “Derivative
Master”) and underlying derivative musical compositions (each, a
“Derivative Composition”). Masters, Compositions, Derivative Masters,
and Derivative Compositions shall be collectively referred to hereunder
as “Music Content”. Notwithstanding anything to the contrary contained
herein, where applicable, one (1) or more separate agreement(s) between
Licensors, on the one hand, and Licensees, on the other hand (each, an
“Outside Agreement”), shall control the licensing of any Music Content
licensed by Licensors to Licensees on the Service. For the avoidance of
doubt, HIT GROUP CORP (THEHIT.COM) does not grant any licenses or other
rights to any users of the Service with respect to Music Content other
than as specifically set forth hereunder, and any and all further rights
shall be governed by the terms of Outside Agreement(s), if any.
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Rights Granted to HIT GROUP CORP (THEHIT.COM) by Licensors.
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For good and valuable consideration, Licensors grant to HIT GROUP
CORP (THEHIT.COM) a license, for so long as Licensors choose to
host the applicable Music Content (subject to the terms of any
Outside Agreement[s]), to:
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Host, reproduce, distribute, make available for download and/or
perform (publicly or otherwise) all Masters and Compositions on
the Platform, including full-length versions of sound recordings
(“Clips”) that can be used for promotional purposes as
authorized herein and, if necessary, reproducing Your Content in
new Physical Product;
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Publicly perform, publicly display, communicate to the public, and
otherwise make available Your Content, and Clips, by means of
digital audio transmissions (on an interactive or non-interactive
basis) through the Website, a Licensee website, or via a HIT GROUP
CORP (THEHIT.COM) Widget you or any person authorized by you may
place on any website, to identify the availability of Your Content
for license, sale or distribution and to promote Your Content, on
a through-to-the-listener basis, without the payment of any fees
or royalties to (i) the songwriters, composers, or music
publishers owning any rights in and to Your Content; (ii) any
performing artist(s) (including non-featured vocalists and
musicians) on Your Content; (iii) any other person involved in the
creation of or owning any portion of Your Content, including, but
not limited to a record label, and (iv) any agents for any of the
foregoing, including, without limitation, performing rights
organizations (“PROs”) and unions or guilds, whether U.S.- based
(such as ASCAP, BMI, SESAC, SoundExchange, AFTRA and AFM) or
foreign (e.g., PRS for Music, PPL, CMRRA, CSI, GEMA, etc.);
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Distribute Your Content in accordance with any applicable
Addendum;
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Place or embed Your Content in magazines, web sites, HIT GROUP
CORP (THEHIT.COM)’ advertisements, and any and all other media,
whether now known or hereafter developed, but specifically
excluding television and movies, to promote HIT GROUP CORPCorp
(THEHIT.COM)’ Service;
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Use and distribute Copyright Management Information as embodied in
a Digital Master of Your Content;
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Use Your Content and metadata as may be reasonably necessary or
desirable for us to exercise our rights under this Agreement;
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Reproduce, distribute, and publicly perform and communicate to the
public Your Content (including Clips) as part of a downloaded
program that may include multiple sound recordings and other
content, commonly known as a “podcast;” and
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Authorize our Licensees to perform any one or more of the
activities specified above or in an applicable Addendum;
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Grant to Licensees, subject to the terms of any Outside Agreement,
the exclusive or non-exclusive right, privilege and license to
download, copy, reproduce, Sample and otherwise edit, alter,
couple, synchronize and/or otherwise embody the Masters (together
with the applicable underlying including the Composition(s)
embodied therein) into Derivative Masters and Derivative
Compositions, subject to and in accordance with these Terms;
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Broadcast, stream and/or perform (publicly or otherwise) the
Masters and/or Compositions in any and all media in connection
with the advertisement and promotion of the Masters, Compositions
and/or the Platform;
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Use, publish and display Licensor’s name, approved image, approved
likeness and approved biographical materials (provided that any
materials or information provided by Licensors are deemed
approved) in any and all media in connection with the
advertisement and promotion of the Masters, Compositions and/or
the Platform; and
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License any of the rights granted to HIT GROUP CORP (THEHIT.COM)
hereunder to third parties as reasonably necessary to perform its
obligations hereunder or to otherwise effectuate the purpose of
these Terms.
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The rights granted pursuant to this Section 1 with respect to each
Master (and the applicable corresponding underlying Composition)
shall be non-exclusive to HIT GROUP CORP (THEHIT.COM), subject to
the terms of any Outside Agreement(s). For the avoidance of doubt,
it is hereby acknowledged and agreed that the terms of any Outside
Agreement(s) may continue for a duration longer than the rights
granted to HIT GROUP CORP (THEHIT.COM) hereunder.
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Licensor hereby represents and warrants: (1) there are and there
shall be no liens, encumbrances or other charges against the
Master(s) and/or the Composition(s), including, without
limitation, any Samples incorporated therein by Licensor and/or
any third party engaged by Licensor; (2) no selections, materials,
ideas, or other properties furnished by Licensor and embodied or
contained in the Master(s) or the Composition(s), nor the exercise
by HIT GROUP CORP (THEHIT.COM) of any of its rights hereunder,
will violate or infringe upon any law or statutory right of any
third party; (3) Licensor has the full right, power and authority
to agree to these Terms, grant the rights conveyed to HIT GROUP
CORP (THEHIT.COM) hereunder, and perform Licensor’s material terms
and obligations hereunder; and (4) Licensor has not entered into
and shall not enter into to any agreement with any third-party
record company, distributor, music publisher, or any other person
or entity that would conflict, inhibit, restrict or impair the
rights granted to HIT GROUP CORP (THEHIT.COM) hereunder or the
performance of Licensor’s obligations under these Terms.
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Licensee hereby represents and warrants that the use or other
exploitation of Your Content, including, but not limited to, any
musical works embodied in your sound recordings, by us and our
Licensees as contemplated by this Agreement will not infringe or
violate the rights of any third party, including, without
limitation, any privacy rights, publicity rights, copyrights,
contract rights, or any other intellectual property or proprietary
rights.
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Licensee hereby represents and warrants that no selections,
materials, ideas, or other properties furnished by Licensee and
embodied or contained in any Derivative Master(s) or Derivative
Composition(s), nor the exercise by HIT GROUP CORP (THEHIT.COM) of
any of its rights hereunder, will violate or infringe upon any law
or statutory right of any third party, including without
limitation copyright, trademark right or right of publicity or
privacy.
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Licensee hereby represents and warrants to the extent you are the
songwriter of any or all of the musical works embodied in Your
Content, whether in whole or in part (e.g., as a co‑writer), you
have the full right, power, and authority to grant the rights set
forth in this Agreement notwithstanding the provisions of any
agreement you may have entered into with any PRO, whether based in
the United States or elsewhere, or any music publisher, and that
you are solely responsible for taking all steps necessary to
inform such PRO or music publisher of your grant of a royalty free
license to us and our Licensees for the public performance and
communication to the public of Your Content, including as Clips,
and that no fees or payments of any kind whatsoever shall be due
to any PRO or music publisher for the use of the musical works in
Your Content when publicly performed, communicated or otherwise
transmitted by HIT GROUP CORP (THEHIT.COM) or its Licensees.
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Licensee hereby represents and warrants you have not assigned any
of the rights in an to the sound recordings embodied in Your
Content to any third party (e.g., a record label) that obtained
exclusive rights in and to such sound recordings.
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Licensee hereby represents and warrants that if it is ever
determined that you have acted contrary to any other agreements
you have in place, you shall cause any and all of your respective
PRO (Performing Rights Organizations), CMOs (Collective Management
Organization), publishing administrators, agents, Entities, their
parent company and subsidiaries, or their respective employees,
officers, directors, members, managers, shareholders, agents,
vendors, licensors, licensees, contractors, customers, successors,
and assigns, as applicable, to license to HIT GROUP CORP
(THEHIT.COM) and/or HIT GROUP CORP (THEHIT.COM)’ publishing
administrators, agents, HIT GROUP CORP (THEHIT.COM)’ parent
company and subsidiaries, agents, vendors, licensors, licensees,
contractors, customers, successors, and assigns the rights in any
of the Composition pursuant to the terms and conditions of this
agreement. Licensee shall issue or shall cause the necessary above
parties in this paragraph) to issue a non-exclusive, worldwide,
and perpetual royalty-free licenses for use of the Composition in
connection with any Master(s), Composition(s), Derivative
Master(s) and/or Derivative Composition(s) hereunder, including,
without limitation, any unauthorized commercial exploitation
thereof.
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Licensor and Licensee hereby forever release and covenant not to
sue HIT GROUP CORP (THEHIT.COM) and/or any of HIT GROUP CORP
(THEHIT.COM) Parties from any and all claims arising out of or in
connection with any act or omission of any third party in
connection with any Master(s), Composition(s), Derivative
Master(s) and/or Derivative Composition(s) hereunder, including,
without limitation, any unauthorized commercial exploitation
thereof.
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YOU UNDERSTAND AND AGREE THAT HIT GROUP CORP (THEHIT.COM) IS
NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LICENSORS AND
LICENSEE. YOU ACKNOWLEDGE THAT UNLESS EXPRESSLY SET FORTH ON THE
SERVICE AS PART OF A SUBSCRIPTION OFFERING, HIT GROUP CORP
(THEHIT.COM) DOES NOT LICENSE MUSIC CONTENT DIRECTLY OR FUNCTION
AS MUSIC LICENSING COMPANY. THE SERVICE MAY BE USED BY LICENSORS
AND LICENSEES TO LICENSE OR OBTAIN A LICENSE TO MUSIC CONTENT
FOR DEVELOPMENT OF DERIVATIVE COMPOSITIONS, BUT YOU AGREE THAT
HIT GROUP CORP (THEHIT.COM) HAS NO RESPONSIBILITY OR LIABILITY
TO YOU RELATED TO ANY MUSIC CONTENT LICENSED THROUGH THE USE OF
THE SERVICE, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
HIT GROUP CORP (THEHIT.COM) HAS NO CONTROL OVER THE CONDUCT OF
LICENSORS, LICENSEES, AND OTHER USERS OF THE SITE AND SERVICE OR
ANY MUSIC CONTENT, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO
THE MAXIMUM EXTENT PERMITTED BY LAW. HIT GROUP CORP (THEHIT.COM)
DOES NOT GUARANTEE THE MUSIC CONTENT MADE AVAILABLE ON THE
SERVICE BY LICENSORS IS CLEAR FROM A RIGHTS USE PERSPECTIVE AND
SUCH MUSIC CONTENT MAY INFRINGE THIRD PARTY RIGHTS. IT IS SOLELY
A LICENSEE’S RESPONSIBILITY TO DETERMINE IF ANY MUSIC CONTENT
WILL MEET THE LICENSEE’S NEEDS AND EXPECTATIONS. HIT GROUP CORP
(THEHIT.COM) WILL NOT PARTICIPATE IN DISPUTES BETWEEN LICENSORS
AND LICENSEES. HIT GROUP CORP (THEHIT.COM) SHALL NOT HAVE ANY
LIABILITY ARISING FROM OR IN ANY WAY RELATED TO ANY TRANSACTIONS
OR RELATIONSHIP BETWEEN LICENSORS AND LICENSEES.
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Term
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The term of this Agreement will commence on the Effective Date and
will continue, unless and until terminated by either you or us,
upon twenty-four (24) hours written notice (the “Term”), which
notice, if sent by (a) HIT GROUP CORP (THEHIT.COM), may be sent to
you at the last e-mail address you provided to HIT GROUP CORP
(THEHIT.COM) and (b)you to HIT GROUP CORP (THEHIT.COM), must be
sent only to the following e‑mail
address: [email protected] (THEHIT.COM).com with the
following information: (a)your username; (b)the e‑mail address
associated with your Account; (c)all album titles for which you
are requesting termination; and (d)which Services you are
terminating (e.g., Marketplace Services, Digital Distribution,
Publishing Administration and/or Sync Distribution). Any
termination notice provided by you pursuant to this section shall
be permanent and irreversible. Notwithstanding anything to the
contrary herein, HIT GROUP CORP (THEHIT.COM), may at any time in
its sole discretion, with or without notice to you: (i)suspend or
limit your access to or your use of the Services and/or
(ii)suspend or limit your access to your Account.
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HIT GROUP CORP (THEHIT.COM) is not responsible and has no
liability for any delays of our Licensees in removing Your
Content from any websites or services owned or operated by such
Licensees. You shall remain solely responsible for enforcing the
removal of Your Content from our Licensees’ websites and
services in the event such Licensees fail to remove Your Content
following receipt of a Takedown Notice or following the
termination of any rights granted to such Licensees by HIT GROUP
CORP (THEHIT.COM); provided, however, that HIT GROUP CORP
(THEHIT.COM) may, in its sole and absolute discretion, continue
to assist you to effectuate the removal of Your Content from
Licensees’ websites and services. HIT GROUP CORP (THEHIT.COM)
may, but need not, provide you with notice in the event HIT
GROUP CORP (THEHIT.COM) terminates or allows to expire any
authorizations previously granted to a Licensee for the
distribution of Your Content. Nothing in this Agreement shall
limit any remedies you may have at law or in equity against any
Licensee that is using Your Content in violation of the terms of
any license granted to such Licensee by you or HIT GROUP CORP
(THEHIT.COM).
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The expiration or termination of the Agreement will not relieve
either you or us from our respective obligations incurred prior to
the effective date of your termination of the Agreement. In
addition, provisions of this Agreement intended to survive the
termination of this Agreement shall survive termination,
including, but not limited to, the Indemnification, Disclaimers,
Limitation of Liability; Basis of the Bargain, and General
Provisions.
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Payments to You
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Pricing the Sale of Your Content. Pricing the Sale of
Your Content. Except as otherwise set forth in an Addendum, you
will have the discretion to set the pricing for the sale of Your
Content on the Website. Notwithstanding the foregoing, HIT GROUP
CORP (THEHIT.COM) and its distributors and partners may set
pricing differently for third-party websites than for the Website,
including, by way of example and not limitation, to cover
additional costs or to provide discounts for promotions. HIT GROUP
CORP (THEHIT.COM) reserves the sole and exclusive right to set the
pricing for any digital audio transmissions of Your Content,
whether on an interactive or non-interactive basis, provided that
Your Content will be priced the same as all other content on the
Service licensed by HIT GROUP CORP (THEHIT.COM) for interactive or
non-interactive digital audio transmissions. You will also be
subject to additional set up fees and charges as more fully
explained on the Website, including, but not limited to, fees for
HIT GROUP CORP (THEHIT.COM) administering mechanical royalties for
the reproduction and distribution of musical works (as
applicable), as such fees and charges may be updated by HIT GROUP
CORP (THEHIT.COM) from time to time, and you are responsible for
reviewing those fees and charges. Your acceptance of this
Agreement is an acceptance of HIT GROUP CORP (THEHIT.COM)’ fees
and charges.
- Payouts:
Please find below the updated Terms and Conditions with the additional
clause regarding the requirement for sellers to have an associated
account on THEHIT.com and provide accurate personal information that
must match the associated accounts to receive payouts:
a) Introduction These Terms and Conditions govern your use of the services
provided by THEHIT.com. By using our platform, you agree to comply with
these Terms and Conditions.
b) Payouts Clause a. For each service sold within THEHIT.com, a timeline
will be opened between the seller and the buyer. Both parties agree to
pay a variable commission to HIT GROUP CORP for ensuring the transaction
and facilitating the business arrangement.
c) b. The service seller must respond to the buyer's work request within a
maximum of 48 hours; otherwise, the transaction will be automatically
canceled.
d) c. The service seller must fulfill the deliveries, revisions, and
agreements established within the timeline, and the buyer must accept
the delivery to proceed with receiving the services.
e) d. HIT GROUP CORP utilizes third-party relationships to process payouts
in different currencies. Therefore, the payout receipt times may vary
according to the policies of our banking providers.
f) e. To become a service seller, it is mandatory to have an associated
account on THEHIT.com. The seller must provide accurate personal
information that must match the associated accounts to receive payouts.
g) General Provisions a. Any disputes arising from the use of THEHIT.com
shall be resolved through negotiation and, if required, through legal
means in accordance with the applicable laws.
h) b. THEHIT.com reserves the right to modify or update these Terms and
Conditions at any time. Users will be notified of any changes, and
continued use of the platform constitutes acceptance of the modified
Terms and Conditions.
i) Limitation of Liability THEHIT.com and HIT GROUP CORP shall not be held
liable for any direct or indirect damages arising from the use of the
platform or any services provided through it.
j) Governing Law and Jurisdiction These Terms and Conditions shall be
governed by and construed in accordance with the laws of the
jurisdiction in which THEHIT.com is registered. Any legal disputes shall
be subject to the exclusive jurisdiction of the competent courts in that
jurisdiction.
k) By using THEHIT.com, you acknowledge that you have read, understood,
and agreed to these Terms and Conditions.
Remember to review the clause with a legal professional to ensure it
complies with applicable laws and regulations.
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Final del formulario
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Licensee Records. HIT GROUP CORP (THEHIT.COM), may,
but need not, audit the books and records of Licensees and may
accept any representations made in a Licensee accounting statement
delivered to HIT GROUP CORP (THEHIT.COM) as true and complete. HIT
GROUP CORP (THEHIT.COM) shall have no liability to you for failure
to audit or investigate any accountings rendered to it by any
Licensees.
You hereby authorize HIT GROUP CORP (THEHIT.COM) to offset against
any amounts owed to you pursuant to this Agreement any amounts
that you may owe to HIT GROUP CORP (THEHIT.COM), whether under an
indemnification provision or for costs, expenses, and deductions
authorized in this Agreement.
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Recordkeeping; Audits You may, but not more than once
a year, at your own expense, engage a Certified Public Accountant
(“CPA”) to examine those books and records directly related to the
sale or other licensed uses of Your Content, as provided in this
Section 7(c), only. You may have your CPA make those examinations
only for the purpose of verifying the accuracy of the statements
sent to you. All such examinations will be in accordance with
generally accepted accounting principles (“GAAP”) procedures and
regulations. Your CPA may make such an examination for a
particular statement only once, and only within one (1) year after
the date we send you that statement. Your CPA may make such an
examination only during our usual business hours, and only at the
place where such books and records are maintained in the ordinary
course of business. You must provide us with thirty (30)-days
written notice prior to commencing an audit and must identify the
name, address, telephone number, and email address of the CPA
conducting the audit on your behalf. You may not engage the CPA on
a contingent fee basis (i.e., your CPA must be paid on a flat fee
or time-based basis). We may postpone the commencement of your
CPA’s examination by notice given to you not later than five (5)
days before the commencement date specified in your notice. In the
event of any postponement initiated by us, the running of the time
within which the examination may be made will be suspended during
the postponement. If your CPA’s examination has not been completed
within three (3) months from the time commenced, then we may
require you to terminate the audit upon seven (7) days’ notice,
which notice may be given at any time. We will not be required to
permit the CPA to continue any examination after the end of that
seven (7)‑day period. Your CPA will not be entitled to examine any
other records that do not specifically report sales or other
licensed uses of Your Content for which HIT GROUP CORP
(THEHIT.COM) has actually received payment. Your CPA may act only
under an acceptable confidentiality agreement, which provides that
any information derived from such audit or examination on your
behalf will not be knowingly released, divulged, published or
shared with any other person, firm or corporation, other than to
you or to a judicial or administrative body in connection with any
proceeding relating to this Agreement. Your CPA may not share the
results of the examination conducted on your behalf with any third
party without our express written permission.
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Objection to Accountings. Objection to Accountings. If
you have any objections to a HIT GROUP CORP (THEHIT.COM)
accounting statement made available to you, you agree that you
shall give us specific notice of that objection, including a copy
of your CPA’s analysis of the accounting statement, and your
reasons for it within eighteen (18) months after the date we send
or make that statement available to you. Each statement shall
become conclusively binding on you at the end of that eighteen
(18)‑month period, and you will no longer have any right to make
any other objections to it notwithstanding any audit rights you
may otherwise have under any applicable law or regulation. Any
payments determined to be owed you following an audit shall be
paid within forty-five (45) days of the delivery of your CPA’s
audit report, unless objected to in writing by HIT GROUP CORP
(THEHIT.COM), in which case any payments due shall be postponed
pending the resolution of the audit dispute. Unless otherwise
prohibited by law, you will not have the right to sue us in
connection with any statement, or to sue us for unpaid royalties
for the period a statement covers, unless you commence the suit
within that eighteen (18)-month period. If you commence suit on
any controversy or claim concerning statements rendered to you
under this Agreement in a court of competent jurisdiction, the
scope of the proceeding will be limited to a determination of the
amount of royalties due for the accounting periods concerned, and
the court shall have no authority to consider any other issues or
award any relief except recovery of any royalties found owing.
Your recovery of any such royalties plus interest shall be the
sole remedy available to you by reason of any claim related to our
statements.
-
Tax information. Notwithstanding the above, in all
events, you acknowledge and agree that you are ultimately
responsible for the payment of any Sales Tax owed in connection
with the sale or distribution of Your Content pursuant to this
Agreement, and you hereby indemnify HIT GROUP CORP (THEHIT.COM)
for any Sales Tax that may be owed in addition to those amounts
collected and remitted on your behalf by HIT GROUP CORP
(THEHIT.COM).
-
Your Obligations
-
You, or a licensee acting on your behalf, will be responsible for
obtaining and paying for any and all clearances or licenses
required in the Authorized Territory (or any portion thereof) for
the use of any musical works embodied in Your Content. Without
limiting the generality of the foregoing, you (either directly or
through a third party acting on your behalf) shall be responsible
for and shall pay (i) any royalties and other sums due to artists
(featured and non-featured), authors, co‑authors, copyright owners
and co-owners, producers, engineers, and any other record royalty
participants from sales or other uses of Your Content, (ii)all
mechanical royalties or other sums payable to music publishers
and/or authors or co-authors of musical compositions embodied in
Your Content from sales or other uses of Your Content, (iii)all
payments that may be required under any collective bargaining
agreements applicable to you or any third party (e.g., to unions
or guilds such as AFM or AFTRA), and (iv)any other royalties, fees
and/or sums payable with respect to Your Content or other
materials provided by you to us. You agree that the amount payable
to you is inclusive of any so‑called “artist royalties” that might
otherwise be required to be paid for sales or exploitations
pursuant to the applicable laws of any jurisdiction and for any
public performances, public displays or communications to the
public of the sound recordings and musical works constituting Your
Content.
-
Parental Advisory Labeling. You will be responsible for complying
with the Recording Industry Association of America’s (“RIAA”)
Parental Advisory Logo (“PAL”) Standards, as applicable, for so
long as you use the Services.
-
Rights of Others
When using the Service, you must respect the intellectual property and
other rights of HIT GROUP CORP (THEHIT.COM) and others. Your
unauthorized use of Content may violate copyright, trademark, privacy,
publicity, communications, and other laws, and any such use may result
in your personal liability, including potential criminal liability. If
you believe that your work has been infringed by means of an improper
posting or distribution of it via the Service, then please see
Paragraphs E and/or F below.
-
Service and Content Use Restrictions
-
Monitoring of Your Content; Removal of Content from Website
-
HIT GROUP CORP (THEHIT.COM) does not control Your Content and does
not have any obligation to monitor Your Content for any purpose.
HIT GROUP CORP (THEHIT.COM) may choose, in its sole discretion, to
monitor, review or otherwise access some or all of Your Content,
but by doing so HIT GROUP CORP (THEHIT.COM) assumes no
responsibility for Your Content, no obligation to modify or remove
any inappropriate elements of Your Content, or to monitor, review
or otherwise access any other artist’s content or artwork.
-
HIT GROUP CORP (THEHIT.COM) reserves the right, in its sole and
absolute discretion, to remove any of Your Content from the
Website if such content: (i)is patently offensive, pornographic or
defamatory; (ii)is the subject of a dispute between you or us and
a third party; (iii)is content to which you cannot document your
rights therein upon HIT GROUP CORP (THEHIT.COM) ‘request;
(iv)violates the intellectual property rights or other protected
interests of a third party; (v)is the subject of a takedown notice
by a party claiming to own the rights therein, or (vi)is the
subject of any fraudulent activity, or for any other reason in HIT
GROUP CORP (THEHIT.COM)’ sole and absolute judgment is necessary
to protect the business interests of HIT GROUP CORP (THEHIT.COM)
and any of its business partners or Licensees. HIT GROUP CORP
(THEHIT.COM) may also remove Your Content from the Website if you
are abusive or rude or provide false or intentionally misleading
information to any HIT GROUP CORP (THEHIT.COM) employees or
agents. HIT GROUP CORP (THEHIT.COM) shall have no liability to you
for the removal of any of Your Content from the Website or any
Licensee website or service other than to provide you a credit
(but not a refund) for any fees previously paid by you for making
Your Content available via the Website or through Licensees. The
removal of any of Your Content shall not relieve HIT GROUP CORP
(THEHIT.COM) of the obligation to pay you any royalties that may
have accrued prior to the removal of Your Content.
-
This Agreement shall not be terminated automatically by HIT
GROUP CORP (THEHIT.COM) removal of Your Content from the Website
or Licensee’s websites or services. In order for you to
terminate this Agreement following the removal of any of Your
Content, you must send HIT GROUP CORP (THEHIT.COM) a Termination
Notice.
-
Account Information; Disclosures
-
In order to access some features of the Website, including your
account information and periodic statements, you will have to
create an online account (“Account”). You hereby represent
and warrant that the information you provide to HIT GROUP CORP
(THEHIT.COM) upon registration will be true, accurate, current,
and complete. You also hereby represent and warrant that you will
ensure that your Account information, including your e-mail
address, is kept accurate and up‑to-date at all times during the
Term of this Agreement.
-
b. As a registered user of the Services you will have login
information, including a username and password. Your Account is
personal to you, and you may not share your Account information
with, or allow access to your Account by, any third party, other
than an agent authorized to act on your behalf. As you will be
responsible for all activity that occurs under your Account, you
should take care to preserve the confidentiality of your username
and password, and any device that you use to access the Website.
You agree to notify us immediately of any breach in secrecy of
your login information. If you have any reason to believe that
your Account information has been compromised or that your Account
has been accessed by a third party not authorized by you, then you
agree to immediately notify HIT GROUP CORP (THEHIT.COM) by e-mail
to [email protected]. You will be solely
responsible for the losses incurred by HIT GROUP CORP (THEHIT.COM)
and others (including other users) due to any unauthorized use of
your Account that takes place prior to notifying HIT GROUP CORP
(THEHIT.COM) that your Account has been compromised.
-
You acknowledge, consent, and agree that HIT GROUP CORP
(THEHIT.COM) may access, preserve, and disclose your Account
information and Your Content if required to do so by law or in a
good faith belief that such access, preservation or disclosure is
reasonably necessary to (i)comply with legal process; (ii)enforce
this Agreement; (iii)respond to a claim that any of Your Content
violates the rights of third parties; (iv)to respond to your
requests for customer service; or (v)to protect the rights,
business interests, property or personal safety of HIT GROUP CORP
(THEHIT.COM) and its employees and users, and the public.
-
No Representations and Warranties With Respect to Sales and
Distributions
-
HIT GROUP CORP (THEHIT.COM) makes no guarantees regarding the
minimum number of unit sales or uses of Your Content. In addition,
we cannot guarantee that Licensees will perform under any
agreement they enter into with HIT GROUP CORP (THEHIT.COM) for the
sale, distribution or licensed use of Your Content, including by
paying the royalties they owe us for the distribution of Your
Content. If a Licensee refuses to pay us for the use of Your
Content, you agree that you will assume responsibility for
collecting any payments that may be due from such non-compliant
Licensees for any sale, distribution or licensed use of Your
Content if such third party fails or refuses to pay such amounts
to HIT GROUP CORP (THEHIT.COM) upon HIT GROUP CORP (THEHIT.COM)’
request.
-
Prohibited Use of the Website and Licensee Websites and
Services
-
You agree not to use the Website, the Services, and any services
provided by Licensees, for any unlawful purpose or in any way that
might harm, damage, or disparage HIT GROUP CORP (THEHIT.COM), its
Licensees or any other party. Without limiting the preceding
sentence and by way of example and not limitation, you agree that
you will not, whether through the Website, our Licensees or Your
Content, do or attempt any of the following:
-
Reproduce, duplicate, copy, sell, trade, resell, distribute or
exploit, any portion of the Website, use of the Website, access to
the Website or content obtained through the Website, as a result
of your being granted permission to upload Your Content to the
Website;
-
Remove, circumvent, disable, damage or otherwise interfere with
any security-related features of the Website, features that
prevent or restrict the use or copying of any part of the Website
or features that enforce limitations on the use of the Website;
-
Threaten, harass, abuse, slander, defame or otherwise violate
the legal rights (including, without limitation, rights of
privacy and publicity) of HIT GROUP CORP (THEHIT.COM) staff,
employees, or affiliates.
-
Publish, distribute or disseminate any inappropriate, profane,
vulgar, defamatory, infringing, obscene, tortious, indecent,
unlawful, offensive, immoral or otherwise objectionable material
or information;
-
Publish, distribute or disseminate any inappropriate, profane,
vulgar, defamatory, infringing, obscene, tortious, indecent,
unlawful, offensive, immoral or otherwise objectionable material
or information towards HIT GROUP CORP (THEHIT.COM) staff,
employees, or affiliates.
-
Create a false identity or impersonate another for the purpose of
misleading others as to your identity, including, but not limited
to, providing misleading information to any feedback system
employed by HIT GROUP CORP (THEHIT.COM);
-
Transmit or upload any material that contains viruses, Trojan
horses, worms, time bombs, cancelbots, or any other harmful,
damaging or deleterious software programs;
-
Interfere with or disrupt the Website, networks or servers
connected to the Website or violate the regulations, policies or
procedures of such networks or servers;
-
Upload or otherwise transmit any information or content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, including by incorporating any
such material in Your Content; or
-
Use the Website in any manner whatsoever that could lead to a
violation of any federal, state or local laws, rules or
regulations.
-
Use the Service for any political or commercial purpose
(including, without limitation, for purposes of advertising,
soliciting funds, collecting product prices, and selling
products); (ii) use any meta tags or any other "hidden
text" utilizing any Trademarks; (iii) engage in any
activities through or in connection with the Service that seek to
attempt to or do harm any individuals or entities or are unlawful,
offensive, obscene, lewd, lascivious, filthy, violent,
threatening, bullying, harassing, or abusive, or that violate any
right of any third party, or are otherwise objectionable to HIT
GROUP CORP (THEHIT.COM); (iv) reverse engineer, decompile,
disassemble, reverse assemble, or modify any Service source or
object code or any software or other products, services, or
processes accessible through any portion of the Service; (v)
engage in any activity that interferes with a user's access to the
Service or the proper operation of the Service, or otherwise
causes harm to the Service, HIT GROUP CORP (THEHIT.COM), or other
users of the Service; (vi) interfere with or circumvent any
security feature of the Service or any feature that restricts or
enforces limitations on use of or access to the Service, the
Content, or the User-Generated Content (defined below); (vii)
harvest or otherwise collect or store any information (including
personally identifiable information about other users of the
Service, including email addresses, without the express consent of
such users); (viii) attempt to gain unauthorized access to the
Service, other computer systems or networks connected to the
Service, through password mining or any other means; (ix): (a) use
false or deceptive identities, names or accounts; (b) deploy or
otherwise use bots, malware, viruses or scrapers; (c) make it
appear as though any aspect of your account, User-Generated
Content, or Music Content, including, without limitation, your
plays, likes, messages, reposts, etc., are more successful than
they actually were through unauthentic interactions by you or
third parties you engage, manage or transact with (e.g.,
click-fraud, manipulating social media followings, etc.); (d)
engage in any activities that are designed to defraud or game HIT
GROUP CORP (THEHIT.COM) or third parties; or (e) deploy, or permit
any third party to deploy, any technology on, or in connection
with, HIT GROUP CORP (THEHIT.COM) or HIT GROUP CORP (THEHIT.COM)
branded sites, systems or services that can enable the tracking of
site or service activities or users, except with HIT GROUP CORP
(THEHIT.COM) prior express written approval; or (x) otherwise
violate these Terms or any Additional Terms.
-
You also agree that, in using the Service: (i) you will not
monitor, gather, copy, or distribute the Content (except as may be
a result of standard search engine activity or use of a standard
browser) on the Service by using any robot, rover,
"bot", spider, scraper, crawler, spyware, engine,
device, software, extraction tool, or any other automatic device,
utility, or manual process of any kind; (ii) you will not frame or
utilize framing techniques to enclose any such Content (including
any images, text, or page layout); (iii) you will keep intact all
Trademark, copyright, and other intellectual property notices
contained in such Content; (iv) you will not use such Content in a
manner that suggests an unauthorized association with any of our
or our licensors' products, services, or brands; (v) you will not
make any modifications to such Content; (vi) you will not copy,
modify, reproduce, archive, sell, lease, rent, exchange, create
derivative works from, publish by hard copy or electronic means,
publicly perform, display, disseminate, distribute, broadcast,
retransmit, circulate or transfer to any third party or on any
third-party application or website, or otherwise use or exploit
such Content in any way for any purpose except as specifically
permitted by these Terms or any Additional Terms or with the prior
written consent of an officer of HIT GROUP CORP (THEHIT.COM) or,
in the case of Content from a licensor, the owner of the Content;
and (vii) you will not insert any code or product to manipulate
such Content in any way that adversely affects any user
experience.
-
Availability of Service and Content
-
HIT GROUP CORP (THEHIT.COM) may make changes to or discontinue any
aspects of the Services and any of the features, media, content,
products, software or services available via the Website, at any
time and without notice and without liability to you. The
features, media, content, products, software or services available
on and through the Website may be out of date, and HIT GROUP CORP
(THEHIT.COM) makes no commitment to update any aspect of the
Website. HIT GROUP CORP (THEHIT.COM) makes no representations and
warranties with respect to availability of the Website and may
discontinue the Service at any time with or without notice. You
are solely responsible for maintaining back-up copies of any
elements of Your Content uploaded to the Website or otherwise
delivered to HIT GROUP CORP (THEHIT.COM) as Physical Product.
-
HIT GROUP CORP (THEHIT.COM) may immediately suspend or terminate
the availability of the Service and Content (and any elements and
features of them), in whole or in part, for any reason, in HIT
GROUP CORP (THEHIT.COM)' sole discretion, and without advance
notice or liability.
-
Reservation of All Rights Not Granted as to Content and
Service
-
These Terms and any Additional Terms include only narrow, limited
grants of rights to Content and to use and access the Service. No
right or license may be construed, under any legal theory, by
implication, estoppel, industry custom, or otherwise. All rights
not expressly granted to you are reserved by HIT GROUP CORP
(THEHIT.COM) and its licensors and other third parties. Any
unauthorized use of any Content or the Service for any purpose is
prohibited
-
Terms Applicable to Purchases and/or Subscriptions
-
Generally
-
To purchase access and use of subscriptions we make available for
sale on the Service or other products and services, you must be at
least eighteen (18) years of age or the applicable age of majority
in your jurisdiction of residence. Prior to the purchase of any
products or services, you must provide us with a valid credit card
number and associated payment information including all of the
following: (i) your name as it appears on the card, (ii) your
credit card number, (iii) the credit card type, (iv) the date of
expiration, and (v) any activation numbers or codes needed to
charge your card or otherwise use a valid gift card. By submitting
that information to us or our third-party credit card processor,
you agree that you authorize us and/or our processor to charge
your card at our convenience but within thirty (30) days of credit
card authorization. For any product or service that you order on
the Service, you agree to pay the price applicable (including any
sales taxes and surcharges) as of the time you submit the order.
HIT GROUP CORP (THEHIT.COM) will automatically bill your credit
card or other form of payment submitted as part of the order
process for such price.
-
Subscription Term & Termination
-
Except in the event of a free trial offer, your subscription will
commence as of the date your payment for a subscription is
received by HIT GROUP CORP (THEHIT.COM). Your subscription will
continue in full force for the length of the term you specifically
purchased or on a month-to-month term until such time as you
cancel the subscription as further explained below (the
"Subscription Term"). In the event that you cancel a
subscription in the middle of your Subscription Term, you will not
be entitled to receive a refund for the unused portion of the
remainder of that Subscription Term.
-
HIT GROUP CORP (THEHIT.COM) will have the right, upon written
notice to you, to terminate these Terms, and suspend your access
to your subscription, if: (a) you fail to pay HIT GROUP CORP
(THEHIT.COM) any amount due to HIT GROUP CORP (THEHIT.COM) under
these Terms; and/or (b) you materially breach any term or
condition of these Terms. HIT GROUP CORP (THEHIT.COM) shall have
the right to terminate these Terms and suspend your access to your
subscription with or without cause, upon thirty (30) days written
notice to you in which case you will no longer be charged for
access to the subscription. Upon the expiration or termination of
these Terms for any reason, your access to, and your use of, your
subscription will terminate.
-
Free Trials/Promotional Offerings
-
We may offer promotional trial subscriptions to access the Service
for free for a limited time or at special discounted prices. If
you sign up for a trial use, your rights to use the Service are
limited by the terms of such trial and will terminate or renew on
the terms of your trial arrangement and/or any applicable
Additional Terms. Please be aware that when you sign up for a free
trial, you will be required to provide your credit card number and
HIT GROUP CORP (THEHIT.COM) will confirm your credit card is
valid. When we process your credit card, some credit card
companies may place a temporary hold on your account for your
first payment. Please contact your credit card company if you have
questions. Please note that we do not provide price protection or
refunds in the event of a price drop or promotional offering.
-
Auto-Renewal of Membership
-
Your subscription to the applicable subscription on the Service
will automatically renew at the end of your Subscription Term
continuously and indefinitely without action by the member, and
the membership fee is charged to the member at the time of
renewal. An enrollee whose membership fee has been paid is
entitled to all privileges included in the membership until the
membership is cancelled by the enrolled member as set forth in the
paragraph below. By providing your payment method information for
your subscription, you are agreeing to pay a subscription fee,
that will automatically renew, at the then current rate, unless
you cancel prior to the expiration of the current Subscription
Term, and any applicable taxes and service fees (collectively,
"Fees").
-
The Fees will be charged to your original payment method
automatically at the beginning of your Subscription Term, and at
the beginning of each renewal Subscription Term thereafter on the
calendar day corresponding to the commencement of your current
Subscription Term, unless you cancel your subscription or your
account is suspended or terminated pursuant to these Terms. The
renewal Subscription Term will be the same length as your initial
Subscription Term unless otherwise disclosed to you at the time of
sale. The rate for the renewal Subscription Term will be the then
current subscription-rate.
-
The Fees charged to your payment method may vary from Subscription
Term to Subscription Term due to changes in your subscription plan
or applicable taxes, and you authorize HIT GROUP CORP (THEHIT.COM)
to charge your payment method for these amounts. HIT GROUP CORP
(THEHIT.COM) reserves the right to change the pricing of
subscriptions at any time. In the event of a price change, HIT
GROUP CORP (THEHIT.COM) will post the new pricing on the Service
and attempt to notify you in advance by sending an email to the
address you have registered for your account. You agree that we
may change the pricing we charge you for your subscription and any
products/services offered in your subscription package by
providing you with notice through an electronic communication from
us and you agree that all agreements, notices, disclosures, and
other communications that we provide to you electronically satisfy
any legal requirement that such communications be in writing. You
consent to our ability to change our pricing and the details of
our subscription packages through an electronic communication to
you. If you do not wish to accept a price or subscription package
change made by us, you may cancel your subscription as described
below, otherwise you will be deemed to have consented to the
price/subscription package change and authorize HIT GROUP CORP
(THEHIT.COM) to charge the new Fees to your payment method. If
there are any discrepancies in billing, you hereby waive your
right to dispute such discrepancies if you do not notify HIT GROUP
CORP (THEHIT.COM) within sixty (60) days after they first appear
on an account statement.
-
Cancellation of Membership
-
A member will have the right to cancel your subscription at any
time upon notice to HIT GROUP CORP (THEHIT.COM) by email
at [email protected] or by
visiting (configuración) to manage your subscriptions.
Cancellation of initial membership any time after purchase will
result in forfeiture of the membership fee. To avoid a late
cancellation fee or forfeiture of the membership renewal fee,
membership should be cancelled prior to the end of the then
current Subscription Term. Upon cancellation, the member loses
access to the areas of the Service designated for members only.
This could include any credit and other data and analyses that
have been displayed during your membership. To the extent that you
continued to get charged after cancellation of your membership due
to HIT GROUP CORP (THEHIT.COM) error or otherwise, you agree that
your sole remedy will be to receive a refund from HIT GROUP CORP
(THEHIT.COM) for the overcharged amounts.
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Methods of Payment, Credit Card Terms and Taxes
-
All payments must be made via Visa, Mastercard, American Express,
JCB, Discover, Stripe and Paypal. We currently do not accept cash,
personal or business checks or any other payment form, although in
the future we may change this policy. Your card issuer agreement
governs your use of your designated card, and you must refer to
that agreement and not these Terms to determine your rights and
liabilities as a cardholder. You represent and warrant that you
will not use any credit card or other form of payment unless you
have all necessary legal authorization to do so.
-
YOU, AND NOT HIT GROUP CORP (THEHIT.COM), ARE RESPONSIBLE FOR
PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A
THIRD PARTY. You agree to pay all fees and charges incurred in
connection with your purchases (including any applicable taxes) at
the rates in effect when the charges were incurred. Unless you
notify HIT GROUP CORP (THEHIT.COM) of any discrepancies within
sixty (60) days after they first appear on your credit card
statement, you agree that they will be deemed accepted by you for
all purposes. If HIT GROUP CORP (THEHIT.COM) does not receive
payment from your credit card issuer or its agent, you agree to
pay all amounts due upon demand by HIT GROUP CORP (THEHIT.COM) or
its agents. Sales taxes, or other taxes, customs, import/export
charges, or similar governmental charges are not included in the
price of the products. You are responsible for paying any such
taxes or charges imposed on your purchases, including, but not
limited to, sales, use or value-added taxes. HIT GROUP CORP
(THEHIT.COM) shall automatically charge and withhold the
applicable tax for orders to be delivered to addresses within and
any states or localities that it deems is required in accordance
with our order policy in effect at the time of purchase.
-
Fraudulent Transactions and Unauthorized Card Usage
-
Our platform uses third-party payment processors, such as Stripe
and PayPal, to handle all payments and financial transactions. The
validation and verification of credit or debit card authenticity
is the responsibility of these payment processors. In the event
that a transaction is conducted with a stolen or unauthorized
card, our platform is not liable for any resulting financial loss.
Refund requests or chargebacks based on fraudulent or unauthorized
use of payment methods will not be granted, as these cases fall
under the jurisdiction of the payment processor. The platform will
cooperate with the relevant parties (Stripe, PayPal, etc.) to
investigate the issue, but users are responsible for securing
their payment methods and reporting any suspicious or fraudulent
activity to their financial institution immediately.
-
Non-Refundable Transactions for Digital Services and Wallet
Transfers
-
Due to the nature of the services provided, any funds added to a
user’s Wallet or transferred between users within the platform are
non-refundable. Users are responsible for ensuring the accuracy of
their transactions before confirming any payment or transfer. The
platform is not responsible for refunding any payments or
transfers made in error or in cases of fraud.
-
Refund Policy
-
All purchase transactions made through the Service are subject to
HIT GROUP CORP (THEHIT.COM)' return policy in effect at the time
of purchase. Currently, HIT GROUP CORP (THEHIT.COM)' refund policy
is to not offer any refunds for any subscriptions or products
purchased through the Service, except in our sole and absolute
discretion.
-
Order Acceptance Policy
-
Your receipt of an electronic or other form of order confirmation
does not signify our acceptance of your order, nor does it
constitute confirmation of our offer to sell. HIT GROUP CORP
(THEHIT.COM) reserves the right at any time after receipt of your
order to accept or decline your order for any reason. HIT GROUP
CORP (THEHIT.COM) further reserves the right any time after
receipt of your order, without prior notice to you, to supply less
than the quantity you ordered of any item. Your order will be
deemed accepted by HIT GROUP CORP (THEHIT.COM) upon our delivery
of products or services that you have ordered.
-
We may require additional verifications or information before
accepting any order. Notwithstanding the foregoing, you agree
that, if we cancel all or a portion of your order or if we provide
you less than the quantity you ordered, your sole and exclusive
remedy is either that: (a) we will issue a credit to your credit
card account in the amount charged for the cancelled portion or
the quantity not provided (if your credit card has already been
charged for the order); or (b) we will not charge your credit card
for the cancelled portion of the order or the quantity not
provided.
-
Do not assume that a cancellation or change of an order you have
placed with HIT GROUP CORP (THEHIT.COM) has been effected until
you receive a confirmation from HIT GROUP CORP (THEHIT.COM) via
email or the Service. As stated above, you will be responsible
for, and your credit card or third-party payment account may be
charged for, the payment of all fees associated with orders
already processed or shipped before your cancellation/change
request or a request to terminate your account was received.
-
No Responsibility to Sell Mispriced Products or Services
-
We do our best to describe every item, product or service offered
on this Service as accurately as possible. However, we are human,
and therefore we do not warrant that specifications or pricing on
the Service is complete, accurate, reliable, current, or
error-free. In the event of any errors relating to the pricing or
specifications of any item, product or service, HIT GROUP CORP
(THEHIT.COM) shall have the right to refuse or cancel any orders
in its sole discretion. If we charged your credit card or other
account prior to cancellation, we will issue a credit to your
account in the amount of the charge. Additional terms may apply.
If a product you purchased from HIT GROUP CORP (THEHIT.COM) is not
as described, your sole remedy is to return it in unused
condition, complete and undamaged, in the original packaging.
-
Modifications to Prices or Billing Terms
-
PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE
AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT
ANY TIME. HIT GROUP CORP (THEHIT.COM) RESERVES THE RIGHT, AT ANY
TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD,
EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL
DELIVERY TO YOU.
-
The features, media, content, products, software or services
available on and through the Website may be out of date, and HIT
GROUP CORP (THEHIT.COM) makes no commitment to update any aspect
of the Website. HIT GROUP CORP (THEHIT.COM) makes no
representations and warranties with respect to availability of the
Website and may discontinue the Service at any time with or
without notice. You are solely responsible for maintaining back-up
copies of any elements of Your Content uploaded to the Website or
otherwise delivered to HIT GROUP CORP (THEHIT.COM) as Physical
Product.
-
Accounts
-
General
-
In order to access or use some (or potentially all) of the
features on the Service, you may be required to first register for
a user account through our registration process that we make
available through the Service (and purchase a subscription as
described in Section 2 above). The Service's practices governing
any resulting collection and use of your personal information are
disclosed in our Privacy Policy .
-
If you register for any feature that requires a password and/or
username, then you will select your own password at the time of
registration (or we may send you an e-mail notification with a
randomly generated initial password) and you agree that: (i) You
will not use a username (or e-mail address) that is already being
used by someone else, may impersonate another person, belongs to
another person, violates the intellectual property or other right
of any person or entity, or is offensive. We may reject the use of
any password, username, or e-mail address for any other reason in
our sole discretion; (ii) You will provide true, accurate,
current, and complete registration information about yourself in
connection with the registration process and, as permitted, to
maintain and update it continuously and promptly to keep it
accurate, current, and complete; (iii) You are solely responsible
for all activities that occur under your account, password, and
username - whether or not you authorized the activity; (iv) You
are solely responsible for maintaining the confidentiality of your
password and for restricting access to your Device so that others
may not access any password protected portion of the Service using
your name, username, or password; (v) You will immediately notify
us of any unauthorized use of your account, password, or username,
or any other breach of security; and (vi) You will not sell,
transfer, or assign your account or any account rights. We will
not be liable for any loss or damage (of any kind and under any
legal theory) to you or any third party arising from your
inability or failure for any reason to comply with any of the
foregoing obligations. If any information that you provide, or if
we have reasonable grounds to suspect that any information that
you provide, is false, inaccurate, outdated, incomplete, or
violates these Terms, any Additional Terms, or any applicable law,
then we may suspend or terminate your account. We also reserve the
more general and broad right to terminate your account or suspend
or otherwise deny you access to it or its benefits - all in our
sole discretion, for any reason, and without advance notice or
liability.
-
Content You Submit and Community Usage Rules
-
User-Generated Content
-
HIT GROUP CORP (THEHIT.COM) may now or in the future offer users
of the Service the opportunity to create, build, post, upload,
display, publish, distribute, transmit, broadcast, or otherwise
make available on or submit through the Service (collectively,
"submit") messages, text, illustrations, files, images,
graphics, photos, comments, feedback, surveys, responses, videos,
information, content, data, questions, suggestions, personally
identifiable information, or other information or materials and
the ideas contained therein but expressly excluding Music Content
(collectively, "User - Generated Content"). HIT GROUP
CORP (THEHIT.COM) may allow you to do this through forums, email,
and other communications functionality. Subject to the license you
grant in these Terms, you retain whatever legally cognizable
right, title, and interest that you have in your User-Generated
Content and you remain ultimately responsible for it.
-
Non - Confidentiality of Your User - Generated Content
-
Except as otherwise described in the Service's posted Privacy Policy or any Additional Terms, you agree that: (a) your User-Generated
Content will be treated as non-confidential - regardless of
whether you mark them "confidential,"
"proprietary," or the like - and will not be returned;
and (b) HIT GROUP CORP (THEHIT.COM) does not assume any obligation
of any kind to you or any third party with respect to your
User-Generated Content. Upon HIT GROUP CORP (THEHIT.COM)' request,
you will furnish us with any documentation necessary to
substantiate the rights to such content and to verify your
compliance with these Terms or any Additional Terms.
-
You acknowledge that the Internet and mobile communications may be
subject to breaches of security and that you are aware that
submissions of User-Generated Content may not be secure, and you
will consider this before submitting any User-Generated Content
and do so at your own risk. In your communications with HIT GROUP
CORP (THEHIT.COM), please keep in mind that we do not seek any
unsolicited ideas or materials for products or services, or even
suggested improvements to products or services, including, without
limitation, ideas, concepts, inventions, or designs for music,
websites, apps, books, scripts, screenplays, motion pictures,
television shows, theatrical productions, software or otherwise
(collectively, "Unsolicited Ideas and Materials").
-
Any Unsolicited Ideas and Materials you post on or send to us via
the Service are deemed User-Generated Content and licensed to us
as set forth below. In addition, HIT GROUP CORP (THEHIT.COM)
retains all of the rights held by members of the general public
with regard to your Unsolicited Ideas and Materials. HIT GROUP
CORP (THEHIT.COM)' receipt of your Unsolicited Ideas and Materials
is not an admission by HIT GROUP CORP (THEHIT.COM) of their
novelty, priority, or originality, and it does not impair HIT
GROUP CORP (THEHIT.COM)' right to contest existing or future
intellectual property rights relating to your Unsolicited Ideas
and Materials.
-
License to HIT GROUP CORP (THEHIT.COM) of Your User - Generated
Content
-
Except as otherwise described in any applicable Additional Terms,
you grant to HIT GROUP CORP (THEHIT.COM) the non-exclusive,
unrestricted, unconditional, unlimited, worldwide, irrevocable,
perpetual, and cost-free right and license to use, copy, record,
distribute, reproduce, disclose, sell, re-sell, sublicense
(through multiple levels), display, publicly perform, transmit,
publish, broadcast, translate, make derivative works of, and
otherwise use and exploit in any manner whatsoever, all or any
portion of your User-Generated Content (and derivative works
thereof), for any purpose whatsoever in all formats, on or through
any means or medium now known or hereafter developed, and with any
technology or devices now known or hereafter developed, and to
advertise, market, and promote the same. Without limitation, the
granted rights include the right to: (a) configure, host, index,
cache, archive, store, digitize, compress, optimize, modify,
reformat, edit, adapt, publish in searchable format, and remove
such User-Generated Content and combine same with other materials,
and (b) use any ideas, concepts, know-how, or techniques contained
in any User-Generated Content for any purposes whatsoever,
including developing, producing, and marketing products and/or
services.
-
You understand that in exercising such rights metadata, notices
and content may be removed or altered, including copyright
management information, and you consent thereto and represent and
warrant you have all necessary authority to do so. In order to
further effect the rights and license that you grant to HIT GROUP
CORP (THEHIT.COM) to your User-Generated Content, you also hereby
grant to HIT GROUP CORP (THEHIT.COM), and agree to grant to HIT
GROUP CORP (THEHIT.COM), the unconditional, perpetual, irrevocable
right to use and exploit your name, persona, and likeness in
connection with any User-Generated Content, without any obligation
or remuneration to you.
-
Except as prohibited by law, you hereby waive, and you agree to
waive, any moral rights (including attribution and integrity) that
you may have in any User-Generated Content, even if it is altered
or changed in a manner not agreeable to you. To the extent not
waivable, you irrevocably agree not to exercise such rights (if
any) in a manner that interferes with any exercise of the granted
rights. You understand that you will not receive any fees, sums,
consideration, or remuneration for any of the rights granted in
this Section.
-
Exclusive Right to Manage Our Service
-
HIT GROUP CORP (THEHIT.COM) may, but will not have any obligation
to, review, monitor, display, post, store, maintain, accept, or
otherwise make use of, any of your User-Generated Content, and HIT
GROUP CORP (THEHIT.COM) may, in its sole discretion, reject,
delete, move, re-format, remove or refuse to post or otherwise
make use of User-Generated Content without notice or any liability
to you or any third party in connection with our operation of
User-Generated Content venues in an appropriate manner. Without
limitation, we may do so to address content that comes to our
attention that we believe is offensive, obscene, lewd, lascivious,
filthy, violent, harassing, threatening, abusive, illegal or
otherwise objectionable or inappropriate, or to enforce the rights
of third parties or these Terms or any applicable Additional
Terms, including, without limitation, the content restrictions set
forth below in the Rules (defined in Paragraph E Section (7)(b)).
-
Such User-Generated Content submitted by you or others need not be
maintained on the Service by us for any period of time and you
will not have the right, once submitted, to access, archive,
maintain, or otherwise use such User-Generated Content on the
Service or elsewhere.
-
Representations and Warranties Related to Your User - Generated
Content
-
Each time you submit any User-Generated Content, you represent and
warrant that you are at least the age of majority in the
jurisdiction in which you reside or are the parent or legal
guardian, or have all proper consents from the parent or legal
guardian, of any minor who is depicted in or contributed to any
User-Generated Content you submit, and that, as to that
User-Generated Content: (a) you are the sole author and owner of
the intellectual property and other rights to the User-Generated
Content, or you have a lawful right to submit the User-Generated
Content and grant HIT GROUP CORP (THEHIT.COM) the rights to it
that you are granting by these Terms and any Additional Terms, all
without any HIT GROUP CORP (THEHIT.COM) obligation to obtain
consent of any third party and without creating any obligation or
liability of HIT GROUP CORP (THEHIT.COM); (b) the User-Generated
Content is accurate; (c) the User-Generated Content does not and,
as to HIT GROUP CORP (THEHIT.COM)' permitted uses and exploitation
set forth in these Terms, will not infringe any intellectual
property or other right of any third party; and (d) the
User-Generated Content will not violate these Terms (including the
Rules) or any Additional Terms, or cause injury or harm to any
person.
-
Enforcement
-
HIT GROUP CORP (THEHIT.COM) has no obligation to monitor or
enforce your intellectual property rights to your User-Generated
Content, but you grant us the right to protect and enforce our
rights to your User-Generated Content, including by bringing and
controlling actions in your name and on your behalf (at HIT GROUP
CORP (THEHIT.COM)' cost and expense, to which you hereby consent
and irrevocably appoint HIT GROUP CORP (THEHIT.COM) as your
attorney-in-fact, with the power of substitution and delegation,
which appointment is coupled with an interest).
-
Community Usage Rules
-
As a user of the Service, these Community Usage Rules
("Rules") are here to help you understand the conduct
that is expected of visitors of the Service's online forums and
work spaces ("Communities").
-
Nature of Rules. Your participation in the Communities is subject
to all of the Terms, including these Rules:
-
Your User - Generated Content. All of your User-Generated
Content either must be original with you or you must have all
necessary rights in it from third parties in order to permit you
to comply with these Terms and any Additional Terms. Your
User-Generated Content should not contain any visible logos,
phrases, or trademarks that belong to third parties. Do not use
any User-Generated Content that belongs to other people and pass
it off as your own; this includes any content that you might
have found elsewhere on the Internet. If anyone contributes to
your User-Generated Content or has any rights to your
User-Generated Content, or if anyone appears or is referred to
in the User-Generated Content, then you must also have their
permission to submit such User-Generated Content to HIT GROUP
CORP (THEHIT.COM) (for example, if someone has taken a picture
of you and your friend, and you submit that photo to HIT GROUP
CORP (THEHIT.COM) as your User-Generated Content, then you must
obtain your friend's and the photographer's permission to do
so.).
-
Speaking of Photos. No Pictures, Videos, or Images of
Anyone Other Than You and Your Friends and Family. If you choose
to submit photos to the Service, link to embedded videos, or
include other images of real people, then make sure they are of
you or of you and someone you know - and only if you have their
express permission to submit it.
-
Act Appropriately. All of your Service activities must be
venue appropriate, as determined by us. Be respectful of others'
opinions and comments so we can continue to build Communities
for everyone to enjoy. If you think your User-Generated Content
might offend someone or be embarrassing to someone, then chances
are it probably will and it doesn't belong on the Service.
Cursing, harassing, bullying, stalking, insulting comments,
personal attacks, gossip, and similar actions are prohibited.
Your User-Generated Content must not threaten, abuse, or harm
others, and it must not include any negative comments that are
connected to race, national origin, gender, sexual orientation,
or physical handicap. Your User-Generated Content must not be
defamatory, slanderous, indecent, obscene, pornographic, or
sexually explicit.
-
Do Not Use for Commercial or Political Purposes. Your
User-Generated Content must not advertise or promote a product
or service or other commercial activity, or a politician, public
servant, or law.
-
Do Not Use for Inappropriate Purposes. Your
User-Generated Content must not promote any infringing, illegal,
or other similarly inappropriate activity.
-
Be Honest and Do Not Misrepresent Yourself or Your User -
Generated Content. Do not impersonate any other person, user, or company, and do
not submit User-Generated Content that you believe may be false,
fraudulent, deceptive, inaccurate, or misleading, or that
misrepresents your identity or affiliation with a person or
company.
-
Others Can See. We hope that you will use the Communities
to exchange information and content and have venue appropriate
discussions about job search-related issues with other members.
However, please remember that the Communities are public or
semi-public and User-Generated Content that you submit on the
Service within a Community may be accessible and viewable by
other users. Do not submit personally identifying information
(e.g., first and last name together, password, phone
number, address, credit card number, medical information, email
address, or other personally identifiable information or contact
information) on Community spaces and take care when disclosing
this type of information to others.
-
Don't Share Other Peoples' Personal Information. Your
User-Generated Content should not reveal another person's
address, phone number, e-mail address, social security number,
credit card number, medical information, financial information,
or any other information that may be used to track, contact, or
impersonate that individual, unless, and in the form and by the
method, specifically requested by HIT GROUP CORP (THEHIT.COM).
-
Don't Damage the Service or Anyone's Computers or Other
Devices. Your User-Generated Content must not submit viruses, Trojan
horses, spyware, or any other technologies or malicious code
that could impact the operation of the Service or any computer
or other Device.
-
Your Interactions With Other Users; Disputes. You are
solely responsible for your interaction with other users of the
Service, whether online or offline. We are not responsible or
liable for the conduct or content of any user. We reserve the
right, but have no obligation, to monitor or become involved in
disputes between you and other users. Exercise common sense and
your best judgment in your interactions with others
(e.g., when you submit any personal or other information)
and in all of your other online activities.
-
Alerting Us of Violations. If you discover any content
that violates these Terms, then you may report it to us here.
For alleged infringements of intellectual property rights, see
Paragraphs F and G, below.
-
Procedure For Alleging Copyright Infringement
-
DMCA Notice
-
HIT GROUP CORP (THEHIT.COM) will respond appropriately to notices
of alleged copyright infringement that comply with the U.S.
Digital Millennium Copyright Act ("DMCA"), as set forth
below. If you own a copyright in a work (or represent such a
copyright owner) and believe that your (or such owner's) copyright
in that work has been infringed by an improper posting or
distribution of it via the Service, then you may send us a written
notice, using this form that includes at minimum all of the following information:
-
a description of the copyrighted work that you claim has been
infringed or, if multiple copyrighted works are covered by a
single notification, a representative list of such works;
-
a description of where the material that you claim is infringing
or is the subject of infringing activity is located that is
reasonably sufficient to permit us to locate the material
(please include the URL or page of the Service on which the
material appears);
-
your full name, address, telephone number and email address;
-
a statement by you 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 the law;
-
a statement by you, made under penalty of perjury, that all the
information in your notice is accurate, and that you are the
copyright owner (or, if you are not the copyright owner, then
your statement must indicate that you are authorized to act on
the behalf of the owner of an exclusive right that is allegedly
infringed); and
- your electronic or physical signature.
-
HIT GROUP CORP (THEHIT.COM) will only respond to DMCA Notices that
it receives that are submitting using the following form:
-
It is often difficult to determine if your copyright has been
infringed. HIT GROUP CORP (THEHIT.COM) may elect to not respond to
DMCA Notices that do not substantially comply with all of the
foregoing requirements, and HIT GROUP CORP (THEHIT.COM) may elect
to remove allegedly infringing material that comes to its
attention via notices that do not substantially comply with the
DMCA.
-
Please note that the DMCA provides that any person who knowingly
materially misrepresents that material or activity is infringing
may be subject to liability.
-
We may send the information that you provide in your notice to the
person who provided the allegedly infringing work. That person may
elect to send us a DMCA Counter-Notification.
-
Without limiting HIT GROUP CORP (THEHIT.COM)' other rights, HIT
GROUP CORP (THEHIT.COM) may, in appropriate circumstances,
terminate a repeat infringer's access to the Service and any other
website owned or operated by HIT GROUP CORP (THEHIT.COM).
-
Counter - Notification. If access on the Service to a work
that you submitted to HIT GROUP CORP (THEHIT.COM) is disabled or the
work is removed as a result of a DMCA Notice, and if you believe
that the disabled access or removal is the result of mistake or
misidentification, then you may send us a DMCA Counter-Notification
to the following address:
-
By Mail: HIT GROUP CORP., Green STE R. Dover, Delaware, DE
19901
-
By email: [email protected]
-
Your DMCA Counter-Notification should contain the following
information:
-
a legend or subject line that says: "DMCA
Counter-Notification"
-
a description of the material that has been removed or to which
access has been disabled and the location at which the material
appeared before it was removed or access to it was disabled
(please include the URL or page of the Service from which the
material was removed or access to it disabled);
-
a statement under penalty of perjury that you have a good faith
belief that the material was removed or disabled as a result of
mistake or misidentification of the material to be removed or
disabled;
-
your full name, address, telephone number, e-mail address, and
the username of your account;
-
a statement that you consent to the jurisdiction of the Federal
District Court for the judicial district in which your address
is located (or, if the address is located outside the U.S.A., to
the jurisdiction of the United States District Court for the
Western District of Texas), and that you will accept service of
process from the person who provided DMCA notification to us or
an agent of such person; and your electronic or physical
signature.
-
Please note that the DMCA provides that any person who knowingly
materially misrepresents that material or activity was removed
or disabled by mistake or misidentification may be subject to
liability. If we receive a DMCA Counter-Notification, then we
may replace the material that we removed (or stop disabling
access to it) in not less than ten (10) and not more than
fourteen (14) business days following receipt of the DMCA
Counter-Notification. However, we will not do this if we first
receive notice at the addresses above that the party who sent us
the DMCA Copyright Infringement Notice has filed a lawsuit
asking a court for an order restraining the person who provided
the material from engaging in infringing activity relating to
the material on the Service. You should also be aware that we
may forward the Counter-Notification to the party who sent us
the DMCA Copyright Infringement Notice.
-
Procedure For Alleging Infringement of Other Intellectual
Property
-
General
If you own intellectual property other than copyrights and believe that
your intellectual property has been infringed by an improper posting or
distribution of it via the Service, then you may send us an email
to [email protected] that includes all of the following:
-
a legend or subject line that says: "Intellectual Property
Infringement Notice"
-
a description of the intellectual property that you claim has been
infringed;
-
a description of where the material that you claim is infringing
or is the subject of infringing activity is located that is
reasonably sufficient to permit us to locate the material (please
include the URL or page of the Service on which the material
appears);
-
your full name, address, telephone number and email address;
-
a statement by you that you have a good faith belief that use of
the material in the manner complained of is not authorized by the
owner of the intellectual property, its agent, or the law;
-
a statement by you, made under penalty of perjury, that all the
information in your notice is accurate, and that you are the owner
of the intellectual property at issue (or, if you are not the
owner, then your statement must indicate that you are authorized
to act on the behalf of the owner of the intellectual property
that is allegedly infringed); and your electronic or physical
signature.
We will act on such notices in our sole discretion. Any user of the
Service that fails to respond satisfactorily to HIT GROUP CORP
(THEHIT.COM) with regard to any such notice is subject to suspension or
termination. We may send the information that you provide in your notice
to the person who provided the allegedly infringing material.
-
Notices and Questions
You agree that: (i) we may give you notices of new, revised or changed
terms and other important matters by prominently posting notice on the
homepage of the Service, or in another reasonable manner that we may
elect; and (ii) we may contact you by mail or email sent to the address
provided by you. You agree to promptly notify us if you change your
email or mailing address by updating your account information. If
you have a question regarding using the Service, you may contact us
at support@the hit.com. You acknowledge that the provision of customer support is at HIT
GROUP CORP (THEHIT.COM)' sole discretion and that we have no obligation
to provide you with customer support of any kind.
- Links by You to the Service
We grant you a limited, non-exclusive, revocable, non-assignable,
personal, and non-transferable license to create hyperlinks to the
Service, so long as: (a) the links only incorporate text, and do not use
any Trademarks, (b) the links and the content on your website do not
suggest any affiliation with HIT GROUP CORP (THEHIT.COM) or cause any
other confusion, and (c) the links and the content on your website do
not portray HIT GROUP CORP (THEHIT.COM) or its products or services in a
false, misleading, derogatory, or otherwise offensive matter, and do not
contain content that is unlawful, offensive, obscene, lewd, lascivious,
filthy, violent, threatening, harassing, or abusive, or that violate any
right of any third party or are otherwise objectionable to HIT GROUP
CORP (THEHIT.COM). HIT GROUP CORP (THEHIT.COM) reserves the right to
suspend or prohibit linking to the Service for any reason, in its sole
discretion, without advance notice or any liability of any kind to you
or any third party.
-
Linked-To Websites; Advertisements; Dealings with Third Parties
-
General
-
The Service may contain links, as part of third-party ads on the
Service or otherwise, to or from third-party websites
("Linked Services"), including websites operated by
advertisers, licensors, licensees, recruitment services and
certain other third parties who may have business relationships
with HIT GROUP CORP (THEHIT.COM). HIT GROUP CORP (THEHIT.COM) may
have no control over the content, operations, policies, terms, or
other elements of Linked Services, and HIT GROUP CORP (THEHIT.COM)
does not assume any obligation to review any Linked Services. HIT
GROUP CORP (THEHIT.COM) does not endorse, approve, or sponsor any
Linked Services, or any third-party content, advertising,
information, materials, products, services, or other items.
Furthermore, HIT GROUP CORP (THEHIT.COM) is not responsible for
the quality or delivery of the products or services offered,
accessed, obtained by or advertised at such Services. Finally, HIT
GROUP CORP (THEHIT.COM) will under no circumstances be liable for
any direct, indirect, incidental or special loss or other damage,
whether arising from negligence, breach of contract, defamation,
infringement of copyright or other intellectual property rights,
caused by the exhibition, distribution or exploitation of any
information or content contained within these third-party Linked
Services. Any activities you engage in connection with any of the
same are subject to the privacy and other policies, terms and
conditions of use and/or sale, and rules issued by the operator of
the Linked Services. HIT GROUP CORP (THEHIT.COM) disclaims all
liability in connection therewith.
-
Dealings with Third Parties
-
Any interactions, correspondence, transactions, and other dealings
that you have with any third parties found on or through the
Service (including on or via Linked Services or advertisements)
are solely between you and the third party (including issues
related to the content of third-party advertisements, payments,
delivery of goods, warranties (including product warranties),
privacy and data security, and the like). HIT GROUP CORP
(THEHIT.COM) disclaims all liability in connection therewith.
-
Wireless Features
-
Wireless Features
-
The Service may offer certain features and services that are
available to you via your wireless Device. These features and
services may include the ability to access the Service's features
and upload content to the Service, receive messages from the
Service, and download applications to your wireless Device
(collectively, "Wireless Features"). Standard messaging,
data, and other fees may be charged by your carrier to participate
in Wireless Features. Fees and charges may appear on your wireless
bill or be deducted from your pre-paid balance. Your carrier may
prohibit or restrict certain Wireless Features and certain
Wireless Features may be incompatible with your carrier or
wireless Device. You should check with your carrier to find out
what plans are available and how much they cost. Contact your carrier with questions regarding these
issues.
-
Terms of Wireless Features
-
You agree that as to the Wireless Features for which you are
registered, we may send communications to your wireless Device
regarding us or other parties. Further, we may collect information
related to your use of the Wireless Features. If you have
registered via the Service for Wireless Features, then you agree
to notify us of any changes to your wireless contact information
(including phone number) and update your accounts on the Service
to reflect the changes.
-
Telephone and Mobile Communications and Agreement To Be
Contacted
-
HIT GROUP CORP (THEHIT.COM) may offer from time to time a text
message or other SMS program ("SMS Program"), through
which it sends periodic autodialed text or SMS messages with HIT
GROUP CORP (THEHIT.COM) and third party offers, such as coupons
and discounts. You will only receive these autodialed text/SMS
marketing messages if you have opted in to the recurring text/SMS
message program, and you are not required to opt in to make a
purchase from HIT GROUP CORP (THEHIT.COM). Although the SMS
Program is free, message and data rates may apply. You should
check with your wireless carrier if you have questions about your
plan and its coverage. For more information, reply HELP to the
last message received, or contact us at [email protected]
-
Providing Telephone Numbers and Other Contact Information.
-
You verify that any contact information provided to HIT GROUP CORP
(THEHIT.COM), including, but not limited to, your name, mailing
address, email address, your residential or business telephone
number, and/or your mobile telephone number, is true and accurate.
You verify that you are the current subscriber or owner of any
telephone number that you provide. You are strictly prohibited
from providing a phone number that is not your own. If we discover
that any information provided in connection with your account is
false or inaccurate, we may suspend or terminate your account at
any time. Should any of your contact information change, including
ownership of your telephone numbers, you agree to immediately
notify us before the change goes into effect by texting STOP to
all of our shortcodes to which you are subscribed, which may
include, but are not limited to: contacting us
at [email protected]
-
Your Consent to Receive Automated Calls/Texts.
-
You acknowledge that by voluntarily providing your telephone
number(s), you expressly agree to receive artificial voices,
prerecorded voice messages, and/or autodialed calls and text
messages (such as SMS, MMS, or successor protocols or
technologies) from us, our agents, and affiliates related to your
account(s), transactions, offers regarding products or services,
and/or your relationship with HIT GROUP CORP (THEHIT.COM). You
acknowledge that automated calls or text messages may be made to
your telephone number(s) even if your telephone number(s) is
registered on any state or federal Do Not Call list. You agree
that Company may obtain, and you expressly agree to be contacted
at, any email addresses, mailing addresses, or phone numbers
provided by you at any time or obtained through other lawful
means. You agree to receive automated calls and text messages from
Company, our agents, and affiliates even if you cancel your
account or terminate your relationship with us, unless you
opt-out. You understand that you do not have to agree to receive
automated promotional calls/texts as a condition of purchasing any
goods or services. To opt-out, please see the Opt-Out Instructions
below.
-
Opt-Out Instructions.
-
Your consent to receive automated calls and texts is completely
voluntary. You may opt-out at any time. To opt-out of text
messages, text STOP to any text message you receive or text STOP
to the last SMS and specify that you want to opt out of text
messages. You may also text HELP for help. You acknowledge and
agree to receive a final text message confirming you opt-out. We
may use different shortcodes for different messaging purposes, so
texting STOP to one shortcode will not effectuate a stop request
for all shortcodes to which you are subscribed. If you would like
to stop messages from multiple shortcodes, text STOP to each
shortcode to which you would like to unsubscribe.It is your sole
responsibility to notify us if you no longer want to receive
automated text messages. You waive any rights to bring claims for
unauthorized or undesired text messages by failing to opt-out
immediately or by failing to follow these instructions. Please
allow up to thirty (30) days to process any opt-out request.
-
Fees and Charges.
-
There is no fee to receive automated text messages from HIT GROUP
CORP (THEHIT.COM), our agents, and affiliates. However, you may
incur a charge for these calls or text messages from your
telephone carrier, which is your sole responsibility. Check your
telephone plan and contact your carrier for details. You represent
and warrant that you are authorized to incur such charges and
acknowledge that HIT GROUP CORP (THEHIT.COM), our agents, and
affiliates are not responsible for such charges.
-
Unauthorized Use of Your Telephone Device.
-
You must notify HIT GROUP CORP (THEHIT.COM) immediately of any
breach of security or unauthorized use of your telephone device.
Although HIT GROUP CORP (THEHIT.COM), our agents, and affiliates
will not be liable for losses caused by any unauthorized use of
your telephone device, you may be liable for our losses due to
such unauthorized use.
-
Dispute Resolution
-
General
Certain portions of this Paragraph L are deemed to be a "written
agreement to arbitrate" pursuant to the Federal Arbitration Act.
You and HIT GROUP CORP (THEHIT.COM) agree that we intend that this
Paragraph L satisfies the "writing" requirement of the Federal
Arbitration Act.
-
First - Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, or claim arises out of or
relates to the Service, the Content, your User-Generated Content,
these Terms, or any Additional Terms, whether heretofore or
hereafter arising (collectively, "Dispute"), or to any
of HIT GROUP CORP (THEHIT.COM)' actual or alleged intellectual
property rights (an "Excluded Dispute", which includes
those actions set forth in Paragraph L(1)(b), then you and we
agree to send a written notice to the other providing a reasonable
description of the Dispute or Excluded Dispute, along with a
proposed resolution of it. Our notice to you will be sent to you
based on the most recent contact information that you provide us.
But if no such information exists or if such information is not
current, then we have no obligation under this Paragraph L. Your
notice to us must be sent via email
to [email protected] For a period of sixty (60) days
from the date of receipt of notice from the other party, HIT GROUP
CORP (THEHIT.COM) and you will engage in a dialogue in order to
attempt to resolve the Dispute or Excluded Dispute, though nothing
will require either you or HIT GROUP CORP (THEHIT.COM) to resolve
the Dispute or Excluded Dispute on terms with respect to which you
and HIT GROUP CORP (THEHIT.COM), in each of our sole discretion,
are not comfortable.
-
Binding Arbitration. If we cannot resolve a Dispute as
set forth in Paragraph L (1)(a) (or agree to arbitration in
writing with respect to an Excluded Dispute) within sixty (60)
days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND HIT GROUP CORP
(THEHIT.COM) (WHETHER BASED IN CONTRACT, STATUTE, REGULATION,
ORDINANCE, TORT— INCLUDING, BUT NOT LIMITED TO, FRAUD, ANY OTHER
INTENTIONAL TORT OR NEGLIGENCE,—COMMON LAW, CONSTITUTIONAL
PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR
EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE
DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING
ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY
PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICE OR ADVERTISING
AVAILABLE ON OR THROUGH THE SERVICE. For U.S. residents, the
Federal Arbitration Act ("FAA"), not state law, shall
govern the arbitrability of all disputes between HIT GROUP CORP
(THEHIT.COM) and you regarding these Terms (and any Additional
Terms) and the Service, including the "No Class Action
Matters" Section below. BY AGREEING TO ARBITRATE, EACH
PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE
HEARD BY A JUDGE OR JURY. HIT GROUP CORP (THEHIT.COM) and you agree, however, that
the applicable state, federal or provincial law, as contemplated
in Paragraph L(1)(f) below, shall apply to and govern, as
appropriate, any and all claims or causes of action, remedies, and
damages arising between you and HIT GROUP CORP (THEHIT.COM)
regarding these Terms and the Service, whether arising or stated
in contract, statute, common law, or any other legal theory,
without regard to any jurisdiction's choice of law principles. Any
Dispute will be resolved solely by binding arbitration in
accordance with the then-current Commercial Arbitration Rules
("Rules") of the American Arbitration Association
("AAA"), except as modified herein, and the arbitration
will be administered by the AAA. If a party properly submits the
Dispute to the AAA for formal arbitration and the AAA is unwilling
to set a hearing then either party can elect to have the
arbitration administered by the Judicial Arbitration and Mediation
Services Inc. ("JAMS") using JAMS' streamlined
Arbitration Rules and Procedures, or by any other arbitration
administration service that you and an officer or legal
representative of HIT GROUP CORP (THEHIT.COM) consent to in
writing. If an in-person arbitration hearing is required and you
are a U.S. resident, then it will be conducted Austin, Texas. You
and we will pay the administrative and arbitrator's fees and other
costs in accordance with the applicable arbitration rules; but if
applicable arbitration rules or laws require HIT GROUP CORP
(THEHIT.COM) to pay a greater portion or all of such fees and
costs in order for this Paragraph L to be enforceable, then HIT
GROUP CORP (THEHIT.COM) will have the right to elect to pay the
fees and costs and proceed to arbitration. The arbitration will be
conducted by a single arbitrator who will apply and be bound by
these Terms and any Additional Terms, and will determine any
Dispute according to applicable law and facts based upon the
record and no other basis, and will issue a reasoned award only in
favor of the individual party seeking relief and only to the
extent to provide relief warranted by that party's individual
claim. All issues are for the arbitrator to decide, except that issues
relating to the scope and enforceability of the arbitration and
class action waiver provisions are for the court to decide. This
arbitration provision shall survive termination of these Terms
or the Service. You can obtain AAA and JAMS procedures, rules, and fee
information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
-
Limited Time to File Claims.TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT A
EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST
COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN
PARAGRAPH L(1)(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES
-- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written
notice as set forth above in Paragraph L (a); (b) filing for
arbitration as set forth in Paragraph L (1)(b); or Paragraph L(f)
filing an action in state, Federal or provincial court.
-
Injunctive Relief. The foregoing provisions of this
Paragraph L will not apply to any legal action taken by HIT GROUP
CORP (THEHIT.COM) to seek an injunction or other equitable relief
in connection with, any loss, cost, or damage (or any potential
loss, cost, or damage) relating to the Service, any Content, your
User-Generated Content and/or HIT GROUP CORP (THEHIT.COM)'
intellectual property rights (including such HIT GROUP CORP
(THEHIT.COM) may claim that may be in dispute), HIT GROUP CORP
(THEHIT.COM)' operations, and/or HIT GROUP CORP (THEHIT.COM)'
products or services.
-
No Class Action Matters. YOU AND HIT GROUP CORP (THEHIT.COM)
AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR
OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS
AN ASSOCIATION. Disputes will be arbitrated only on an individual basis and
will not be joined or consolidated with any other arbitrations or
other proceedings that involve any claim or controversy of any
other party. There shall be no right or authority for any Dispute to be
arbitrated on a class action basis or on any basis involving
Disputes brought in a purported representative capacity on
behalf of the general public, or other persons or entities
similarly situated. But if, for any reason, any court with
competent jurisdiction holds that this restriction is
unconscionable or unenforceable, then our agreement in Paragraph
L to arbitrate will not apply and the Dispute must be brought
exclusively in court pursuant to Paragraph L(1)(f).
Notwithstanding any other provision of this Paragraph L, any and
all issues relating to the scope, interpretation and
enforceability of the class action waiver provisions contained
herein (described in this "No Class Action Matters" section),
are to be decided only by a court of competent jurisdiction, and
not by the arbitrator. The arbitrator does not have the power to
vary these class action waiver provisions.
-
Jurisdictional Issues. Except where arbitration is
required above or with respect to the enforcement of any
arbitration decision or award, any action or proceeding relating
to any Dispute or Excluded Dispute arising hereunder may only be
instituted in state or Federal court in Austin, Texas.
Accordingly, you and HIT GROUP CORP (THEHIT.COM) consent to the
exclusive personal jurisdiction and venue of such courts for such
matters.
-
Small Claims Matters Are Excluded from Arbitration
Requirement. Notwithstanding the foregoing, either of us may bring
qualifying claim of Disputes (but not Excluded Disputes) in small
claims court of competent jurisdiction.
-
Governing Law. These Terms and any Additional Terms
will be governed by and construed in accordance with, and any
Dispute and Excluded Dispute will be resolved in accordance with
the laws of the State of Texas, without regard to its conflicts of
law provisions.
-
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
-
General
YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE",
AND "WITH ALL FAULTS" BASIS.
Therefore, to the fullest extent permissible by law, HIT GROUP CORP
(THEHIT.COM), its parent company and subsidiaries, and each of their
respective employees, officers, directors, members, managers,
shareholders, agents, vendors, licensors, licensees, contractors,
customers, successors, and assigns (collectively, the "HIT GROUP
CORP (THEHIT.COM) Parties"), hereby disclaim and make no
representations, warranties, endorsements, or promises, express or
implied, as to:
-
the Service (including the Content, Music Content and the
User-Generated Content);
-
the functions, features, or any other elements on, or made
accessible through, the Service;
-
any products, services, developer code or instructions offered or
referenced at or linked through the Service;
-
security associated with the transmission of your User-Generated
Content transmitted to HIT GROUP CORP (THEHIT.COM) via the
Service;
-
whether the Service or the servers that make the Service available
are free from any harmful components (including viruses, Trojan
horses, and other technologies that could adversely impact your
Device);
-
whether the information (including any instructions) on the
Service is accurate, complete, correct, adequate, useful, timely,
or reliable;
-
whether any defects to, or errors on, the Service will be repaired
or corrected;
-
whether your access to the Service will be uninterrupted;
-
whether the Service will be available at any particular time or
location; and
-
whether your use of the Service is lawful in any particular
jurisdiction.
EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A HIT GROUP CORP (THEHIT.COM) PARTY, TO
THE EXTENT PERMITTED BY APPLICABLE LAW, HIT GROUP CORPCORP(THEHIT.COM)
PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY
RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM
INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. Some jurisdictions limit or do not allow the disclaimer of
implied or other warranties so the above disclaimers may not apply to
the extent such jurisdictions' laws are applicable.
-
LIMITATIONS OF OUR LIABILITY
-
General
TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO
CIRCUMSTANCES WILL ANY HIT GROUP CORP (THEHIT.COM) PARTIES BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including
personal injury or death or for any direct, indirect, economic,
exemplary, special, punitive, incidental, or consequential losses or
damages that are directly or indirectly related to:
-
the Service (including the Content, Music Content and the
User-Generated Content;
-
your use of or inability to use the Service, or the performance
of the Service;
-
any action taken in connection with an investigation by HIT
GROUP CORP (THEHIT.COM) Parties or law enforcement authorities
regarding your access to or use of the Service;
-
any action taken in connection with copyright or other
intellectual property owners or other rights owners;
-
any injury or damages you sustain directly or indirectly as a
result of your use of the Service or any Music Content;
-
any errors or omissions in the Service's technical operation;
or
-
any damage to any user's computer, hardware, software, modem,
or other equipment or technology, including damage from any
security breach or from any virus, bugs, tampering, fraud,
error, omission, interruption, defect, delay in operation or
transmission, computer line, or network failure or any other
technical or other malfunction, including losses or damages in
the form of lost profits, loss of goodwill, loss of data, work
stoppage, accuracy of results, or equipment failure or
malfunction.
The foregoing limitations of liability will apply even if any of the
foregoing events or circumstances were foreseeable and even if HIT
GROUP CORP (THEHIT.COM) Parties were advised of or should have known
of the possibility of such losses or damages, regardless of whether
you bring an action based in contract, negligence, strict liability,
or tort (including whether caused, in whole or in part, by negligence,
acts of god, telecommunications failure, or destruction of the
Service). Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages of the sort that are described
above, so the above limitation or exclusion may not apply to you. EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIT GROUP CORP
(THEHIT.COM) PARTIES' TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE
DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS
TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN
AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID HIT GROUP CORP (THEHIT.COM)
TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT
UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT
APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE
UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT
EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED
BY US.
-
Updates to Terms
-
General
-
These Terms (or if applicable Additional Terms), in the form
posted at the time of your use of the applicable services to
which it applies, shall govern such use (including transactions
entered during such use). AS OUR SERVICE EVOLVES, THE TERMS AND
CONDITIONS UNDER WHICH WE OFFER THE SERVICE MAY PROSPECTIVELY BE
MODIFIED AND WE MAY CEASE OFFERING THE SERVICE UNDER THE TERMS
OR ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED.
ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE
SERVICE YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE
THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY
NOTIFY YOU OF OTHER TERMS BY POSTING THEM ON THE SERVICE (OR IN
ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT
YOUR USE OF THE SERVICE AFTER SUCH NOTICE CONSTITUTES YOUR GOING
FORWARD AGREEMENT TO THE OTHER TERMS FOR YOUR NEW USE AND
TRANSACTIONS.
-
Therefore, you should review the posted terms of use and any
applicable Additional Terms each time you use the Service (at
least prior to each transaction or submission). The Additional
Terms will be effective as to new use and transactions as of the
time that we post them, or such later date as may be specified in
them or in other notice to you. However, the Terms (and any
applicable Additional Terms) that applied when you previously used
the Service will continue to apply to such prior use (i.e.,
changes and additions are prospective only) unless mutually
agreed. In the event any notice to you of new, revised or
additional terms is determined by a tribunal to be insufficient,
the prior agreement shall continue until sufficient notice to
establish a new agreement occurs.
-
You should frequently check the home page and the email you
associated with your account for notices, and you agree that the
means set forth in these Terms are all reasonable manners of
providing you with notice. You can reject any new, revised or
Additional Terms by discontinuing use of the Service and related
services.
-
General Provisions
-
HIT GROUP CORP (THEHIT.COM)' Consent or Approval
-
As to any provision in these Terms or any Additional Terms that
grant HIT GROUP CORP (THEHIT.COM) a right of consent or approval,
or permits HIT GROUP CORP (THEHIT.COM) to exercise a right in its
"sole discretion," HIT GROUP CORP (THEHIT.COM) may
exercise that right in its sole and absolute discretion. No opt-in
consent or approval may be deemed to have been granted by HIT
GROUP CORP (THEHIT.COM) without being in writing and signed by an
officer of HIT GROUP CORP (THEHIT.COM).
-
Relationship of the Parties
-
The parties hereto agree and acknowledge that the relationship
between them is that of independent contractors. This Agreement
shall not be deemed to create an agency, partnership or joint
venture between you and HIT GROUP CORP (THEHIT.COM), and HIT GROUP
CORP (THEHIT.COM) shall not have a fiduciary obligation to you as
a result of your entering into this Agreement.
-
Entire Agreement
-
This Agreement together with the TOS contains the entire
understanding of the parties relating to the subject matter
hereof. This Agreement (including all Addenda) supersedes all
previous agreements or arrangements between you and HIT GROUP CORP
(THEHIT.COM) pertaining to the Services, provided that if you
previously entered into a digital distribution or consignment
agreement with us in the past, and elected any options specifying
or limiting the scope of the distribution of Your Content, the
limitations and authorizations with respect to the distribution of
Your Content shall remain in place under this Agreement and the
applicable Addendum. This Agreement cannot be changed or modified
except as provided herein.
-
Binding Effect
-
This Agreement will be binding on the assigns, heirs, executors,
affiliates, agents, personal representatives, administrators, and
successors (whether through merger, operation of law, or
otherwise) of each of the parties.
-
Rights Cumulative
-
To the extent permitted by applicable law, the rights and remedies
of the parties provided under this Agreement are cumulative and
are in addition to any other rights and remedies of the parties at
law or equity.
-
No Third Party Beneficiaries
-
This Agreement is for the sole benefit of the parties hereto and
their authorized successors and permitted assigns. Nothing herein,
express or implied, is intended to or shall confer upon any person
or entity, other than the parties hereto and their authorized
successors and permitted assigns, any legal or equitable right,
benefit or remedy of any nature whatsoever under or by reason of
this Agreement.
-
Headings
-
The titles and headings used in this Agreement are for convenience
only and are not to be considered in construing or interpreting
this Agreement.
-
Assignment
-
HIT GROUP CORP (THEHIT.COM) may assign its rights and obligations
under this Agreement at any time to any party. You may not assign
your rights and/or obligations under this Agreement without
obtaining HIT GROUP CORP (THEHIT.COM)’ prior written consent.
-
Indemnity
-
You agree to, and you hereby, defend, indemnify, and hold HIT
GROUP CORP (THEHIT.COM) Parties harmless from and against any and
all claims, damages, losses, costs, investigations, liabilities,
judgments, fines, penalties, settlements, interest, and expenses
(including attorneys' fees) that directly or indirectly arise from
or are related to any claim, suit, action, demand, or proceeding
made or brought against any HIT GROUP CORP (THEHIT.COM) Party, or
on account of the investigation, defense, or settlement thereof,
arising out of or in connection with, whether occurring heretofore
or hereafter: (i) your User-Generated Content; (ii) your use of
the Service and your activities in connection with the Service;
(iii) your breach or alleged breach of these Terms or any
Additional Terms; (iv) your violation or alleged violation of any
laws, rules, regulations, codes, statutes, ordinances, or orders
of any governmental or quasi-governmental authorities in
connection with your use of the Service or your activities in
connection with the Service; (v) information or material
transmitted through your Device, even if not submitted by you,
that infringes, violates, or misappropriates any copyright,
trademark, trade secret, trade dress, patent, publicity, privacy,
or other right of any person or entity; (vi) any misrepresentation
made by you; and (vii) HIT GROUP CORP (THEHIT.COM) Parties' use of
the information or content that you submit to us (including your
User-Generated Content and Music Content) (all of the foregoing,
"Claims and Losses").
-
You will cooperate as fully required by HIT GROUP CORP
(THEHIT.COM) Parties in the defense of any Claims and Losses.
Notwithstanding the foregoing, HIT GROUP CORP (THEHIT.COM) Parties
retain the exclusive right to settle, compromise, and pay any and
all Claims and Losses. HIT GROUP CORP (THEHIT.COM) Parties reserve
the right to assume the exclusive defense and control of any
Claims and Losses. You will not settle any Claims and Losses
without, in each instance, the prior written consent of an officer
of a HIT GROUP CORP (THEHIT.COM) Party.
-
Furthermore, you agree to, and you hereby, defend, indemnify, and
hold HIT GROUP CORP (THEHIT.COM) Parties harmless from and against
any and all, but not limited to, any Claims made by a PRO or music
publisher with respect to any public performances or
communications to the public of any musical works embodied in Your
Content, any contributor to any sound recording included within
Your Content, including claims from any unions, guilds, background
musicians for vocalists, engineers, etc., or any other party for
any use or misuse of any other forms of intellectual property or
proprietary rights in Your Content, including, but not limited to,
trademark rights and invasions of the right of privacy or
publicity. You agree to reimburse us, on demand, for any payment
made by us at any time with respect to any Claims to which the
foregoing indemnity applies. Pending the resolution of any claim,
demand, or action, we may, at our election, withhold payment of
any monies otherwise payable to you hereunder in an amount which
does not exceed your potential liability to us pursuant to this
Section.
-
If we make an indemnification request to you under this Section,
we may permit you to control the defense, disposition or
settlement of the matter at your own expenses, provided that you
shall not, without our prior written consent, enter into any
settlement or agree to any disposition that requires any admission
of liability by HIT GROUP CORP (THEHIT.COM) or imposes any
conditions or obligations on HIT GROUP CORP (THEHIT.COM) other
than the payment of monies that are readily measurable for
purposes of determining your monetary indemnification or
reimbursement obligations to us. If we, in our reasonable and good
faith judgment conclude that you are not capable of defending your
or our interests against any Claims, then we shall have the option
to control the defense in any matter or litigation through counsel
of our own choosing to defend against any such Claim for which you
owe HIT GROUP CORP (THEHIT.COM) an indemnification, and the costs
of such counsel, as well as any court costs, shall be at your
expense.
-
Operation of Service; Availability of Products and Services;
International Issues
-
The Service is operated in the United States, and is primarily
intended for users located in the U.S. HIT GROUP CORP (THEHIT.COM)
makes no representation that the Service is appropriate or
available for use beyond the U.S. If you use the Service from
other locations, you are doing so on your own initiative and are
responsible for compliance with applicable local laws regarding
your online conduct and acceptable content, if and to the extent
local laws apply.
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We reserve the right to limit the availability of the Service
and/or the provision of any content, program, product, service, or
other feature described or available on the Service to any person,
entity, geographic area, or jurisdiction, at any time and in our
sole discretion, and to limit the quantities of any content,
program, product, service, or other feature that we provide. You
and we disclaim any application to these Terms of the Convention
on Contracts for the International Sale of Goods.
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Severability; Interpretation
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If any provision of these Terms, or any Additional Terms, is for
any reason deemed invalid, unlawful, void, or unenforceable by a
court or arbitrator of competent jurisdiction, then that provision
will be deemed severable from these Terms or the Additional Terms,
and the invalidity of the provision will not affect the validity
or enforceability of the remainder of these Terms or the
Additional Terms (which will remain in full force and effect).
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To the extent permitted by applicable law, you agree to waive, and
you hereby waive, any applicable statutory and common law that may
permit a contract to be construed against its drafter. Wherever
the word "including" is used in these Terms or any
Additional Terms, the word will be deemed to mean "including,
without limitation,". The summaries of provisions and section
headings are provided for convenience only and shall not limit the
full Terms.
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Communications
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As permitted by applicable law, when you communicate with us
electronically, such as via email and text message, you consent to
receive communications from us electronically. Please note that we
are not obligated to respond to inquiries that we receive. You
agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any
legal requirement that such communications be in writing.
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Investigations; Cooperation with Law Enforcement; Termination;
Survival
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HIT GROUP CORP (THEHIT.COM) reserves the right, without any
limitation, to: (i) investigate any suspected breaches of its
Service security or its information technology or other systems or
networks, (ii) investigate any suspected breaches of these Terms
and any Additional Terms, (iii) investigate any information
obtained by HIT GROUP CORP (THEHIT.COM) in connection with
reviewing law enforcement databases or complying with criminal
laws, (iv) involve and cooperate with law enforcement authorities
in investigating any of the foregoing matters, (v) prosecute
violators of these Terms and any Additional Terms, and (vi)
discontinue the Service, in whole or in part, or, except as may be
expressly set forth in any Additional Terms, suspend or terminate
your access to it, in whole or in part, including any user
accounts or registrations, at any time, without notice, for any
reason and without any obligation to you or any third party.
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Any suspension or termination will not affect your obligations to
HIT GROUP CORP (THEHIT.COM) under these Terms or any Additional
Terms. Upon suspension or termination of your access to the
Service, or upon notice from HIT GROUP CORP (THEHIT.COM), all
rights granted to you under these Terms or any Additional Terms
will cease immediately, and you agree that you will immediately
discontinue use of the Service. The provisions of these Terms and any Additional Terms
(including the terms applicable to User-Generated Content),
which by their nature should survive your suspension or
termination will survive, including the rights and licenses you
grant to HIT GROUP CORP (THEHIT.COM) in these Terms, as well as
the indemnities, releases, disclaimers, and limitations on
liability and the provisions regarding jurisdiction, choice of
law, no class action, and mandatory arbitration.
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Assignment
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HIT GROUP CORP (THEHIT.COM) may assign its rights and obligations
under these Terms and any Additional Terms, in whole or in part,
to any party at any time without any notice. These Terms and any
Additional Terms may not be assigned by you, and you may not
delegate your duties under them, without the prior written consent
of an officer of HIT GROUP CORP (THEHIT.COM).
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No Waiver
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Except as expressly set forth in these Terms or any Additional
Terms: (i) no failure or delay by you or HIT GROUP CORP
(THEHIT.COM) in exercising any of rights, powers, or remedies
hereunder will operate as a waiver of that or any other right,
power, or remedy, and (ii) no waiver or modification of any term
of these Terms or any Additional Terms will be effective unless in
writing and signed by the party against whom the waiver or
modification is sought to be enforced. For avoidance of doubt,
nothing herein shall be construed to restrict HIT GROUP CORP
(THEHIT.COM)' right to amend these Terms or any Additional Terms
as otherwise permitted in those agreements.
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Connectivity
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You are responsible for obtaining and maintaining all Devices and
other equipment and software, and all internet service provider,
mobile service, and other services needed for your access to and
use of the Service and you will be responsible for all charges
related to them.
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Terms Applicable For Apple Device Users
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General
If you are accessing or using the Service through a Device manufactured
and/or sold by Apple, Inc. ("Apple", with such a device herein
referenced as an "Apple Device"):
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To the extent that you are accessing the Service through an Apple
Device, you acknowledge that these Terms are entered into between
you and HIT GROUP CORP (THEHIT.COM) and, that Apple is not a party
to these Terms other than as third-party beneficiary as
contemplated below.
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The license granted to you in Section 1 of these Terms
is subject to the permitted Usage Rules set forth in the Apple App
Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the
Service.
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You acknowledge that HIT GROUP CORP (THEHIT.COM), and not Apple,
is responsible for providing the Service and Content thereof.
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You acknowledge that Apple has no obligation whatsoever to furnish
any maintenance or any support services to you with respect to the
Service.
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To the maximum extent permitted by applicable law, Apple will have
no other warranty obligation whatsoever with respect to the
Service.
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Notwithstanding anything to the contrary herein, and subject to
the terms in these Terms, you acknowledge that, solely as between
Apple and HIT GROUP CORP (THEHIT.COM), HIT GROUP CORP (THEHIT.COM)
and not Apple is responsible for addressing any claims you may
have relating to the Service, or your possession and/or use
thereof, including, but not limited, to: (i) product liability
claims, (ii) any claim that the Service fails to conform to any
applicable legal or regulatory requirement; and (iii) claims
arising under consumer protection or similar legislation.
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Further, you agree that if the Service, or your possession and use
of the Service, infringes on a third party's intellectual property
rights, you will not hold Apple responsible for the investigation,
defense, settlement and discharge of any such intellectual
property infringement claims.
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You acknowledge and agree that Apple, and Apple's subsidiaries,
are third-party beneficiaries of these Terms, and that, upon your
acceptance of the terms and conditions of these Terms, Apple will
have the right (and will be deemed to have accepted the right) to
enforce these Terms against you as a third-party beneficiary
thereof.
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When using the Service, you agree to comply with any and all
third-party terms that are applicable to any platform, website,
technology or service that interacts with the Service.
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You represent and warrant that: (i) you are not located in a
country that is subject to a U.S. Government embargo or that has
been designated by the U.S. Government as a "terrorist
supporting" country; and (ii) you are not listed on any U.S.
Government list of prohibited or restricted parties.