TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS & CONDITIONS
2. DESCRIPTION OF SERVICES
The information and features included in this Website (the “Service”) is for entertainment purposes only and is subject to change at any time without notice. By accessing or linking to this Website, you assume the risk that the information on this Website may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. The Service may include advertisements for third party providers. You agree that at any time the Company may change the Service and that the Service is provided “AS-IS.” You further agree that the Company shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service or interruption in access to the Website.
3. CONTENT OWNERSHIP
This Website and all of its contents, including but not limited to, directories, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Material”) are owned by or licensed to the Company or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in this Agreement or on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Material in any manner without the prior written consent of the Company or such third party that may own the Material or intellectual property displayed on the Website.
Any unauthorized copying, modification, publication, framing, posting, or other unauthorized use of the Material is prohibited. You agree not to use the Material for any unlawful purposes and not to violate the Company’s rights or the rights of others. The Company takes its intellectual property rights very seriously and will aggressively enforce its rights to the fullest extent of the law. The Company may add, modify, discontinue, remove or suspend any of the Material at any time, without notice and without liability.
4. YOUR OBLIGATIONS
You agree that you will be responsible for any user id and password that may be issued to you for your use on the Website and that you will be personally responsible for what occurs under your user id. You further agree that while using the Website, not to: post any content which is unlawful, threatening, abusive, defamatory, offensive, obscene, or otherwise objectionable in any way; engage in fraudulent misrepresentations; post any content which violates the intellectual property rights of another; engage in any activity that disrupts the Service or the Website in any way; or otherwise violate any state or federal law. You consent and agree that the Company may preserve and disclose your personally identifiable information as required by applicable laws, when necessary to protect our rights, to prevent fraud, and when required to comply with a judicial process, administrative process, court order, or other legal process served on our website.
You agree that you will be solely responsible for any information that you post or upload (“Content”) and you warrant and represent that the Content does not and will not infringe on any copyright or any other third party right, nor violate any applicable law or regulation; and you have the right to grant any and all necessary rights and licenses, including without limitation, all necessary copyright and other related rights to the Content, and the right to hyperlink to any web page links you provide, free and clear of any encumbrances, without violating the rights of any person or entity, including any right to privacy or publicity.
The Company will determine your compliance with the Terms & Conditions in its sole discretion and its decision shall be final and binding. Any violation of this Agreement may result in restrictions on your access to all or part of the Website and may be referred to law enforcement authorities. No waiver of any of the Terms & Conditions shall be of any force or effect unless made in writing and signed by a duly authorized officer of the Company. Company reserves the right to modify or discontinue this Website, or any portion thereof without notice to you or any third party. Upon termination of your membership or access to the Website, or upon demand by the Company, you must destroy all materials obtained from this Website and all related documentation and all copies and installations thereof. You are advised that the Company will aggressively enforce its rights to the fullest extent of the law.
You, on behalf of yourself and each of your heirs, predecessors, successors, assigns and present and former parents, subsidiaries, related entities, affiliated and sister corporations, divisions, officers, owners, shareholders, employees, representatives and agents hereby fully, finally and forever agree to indemnify and hold harmless the Company and its heirs, successors, predecessors, assigns, and present and former parents, subsidiaries, related entities, affiliated and sister corporations (direct or indirect) divisions, officers, owners, directors, shareholders, employees, partners (limited or general), insurers, attorneys, expert witnesses, accountants, agents, principals and representatives from, any lawsuit, claim, or demand, including any reasonable attorneys’ fees, made by any third party arising out of Content submitted by you and made available through the Website, your violation of the T&Cs, or violation of any rights of another.
The Company reserves the right to terminate this Agreement and/or suspend your access to the Website and the Service at any time, with or without cause, with or without notice. You agree that upon such termination, the Company, its heirs, predecessors, successors, assigns and present and former parents, subsidiaries, related entities, affiliated and sister corporations, divisions, officers, owners, shareholders, employees, representatives and agents shall not be liable to you or any third party under any circumstances.
7. THIRD PARTIES
You agree that this Agreement is between you and the Company and shall not be construed to the benefit of any third-party.
YOU AGREE THAT THE COMPANY PROVIDES THIS SERVICE “AS-IS,” “WITH ALL FAULTS” AND “AS AVAILABLE.” THE COMPANY, ITS HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, PRESENT AND FORMER PARENTS, SUBSIDIARIES, RELATED ENTITIES, AFFILIATED AND SISTER CORPORATIONS, DIVISIONS, OFFICERS, OWNERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY, ITS HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, PRESENT AND FORMER PARENTS, SUBSIDIARIES, RELATED ENTITIES, AFFILIATED AND SISTER CORPORATIONS, DIVISIONS, OFFICERS, OWNERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS MAKE NO WARRANTY AND SHALL NOT BE HELD LIABLE FOR ANY INTERRUPTION OF SERVICE, OR IF THE WEBSITE DOES NOT MEET YOUR REQUIREMENTS, IS UN-SECURE, OR RELIABLE, OR THE QUALITY OF ANY INFORMATION YOU ACCESS ON THIS WEBSITE; ANY SUCH INFORMATION IS ACCESSED AND DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OR CORRUPTION OF DATA THAT RESULTS.
9. LIMITATIONS ON LIABILITY
YOU AGREE THAT IN NO EVENT SHALL THE COMPANY, ITS HEIRS, PREDECESSORS, SUCCESSORS, ASSIGNS, PRESENT AND FORMER PARENTS, SUBSIDIARIES, RELATED ENTITIES, AFFILIATED AND SISTER CORPORATIONS, DIVISIONS, OFFICERS, OWNERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS BE LIABLE FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BY ACCESSING THIS WEBSITE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
10. TRADEMARKS & COPYRIGHTS
The Herbie Hancock trademark and service mark (hereinafter the “Marks”) are the property of the Company. You agree not to make any use of the Marks without the permission of the Company.
The Company affords equal respect to the trademarks and other intellectual property rights of others. Therefore, if you believe that your intellectual property rights are being infringed in any way on the Website, pursuant to the Digital Millennium Copyright Act (hereinafter the “DMCA”) please notify the Company’s copyright agent at the following address:
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
“A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Hancock Music Co.
1101 McGavock Street, Suite 300
Nashville, TN 37203
It is a violation of federal law to knowingly materially misrepresent that material is infringing.
The Company reserves the right to change or modify this Agreement at any time without notice to you, with the changes becoming effective 24 hours after the modified Agreement has been posted. The Company may, at its sole discretion, provide you with notice via email or notification on the website, regarding changes to the Agreement.
12. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and the Company, and no oral or written representations, warranties or inducements have been made concerning this Agreement other than the representations, warranties and covenants contained and memorialized in this Agreement. You specifically agree that should a dispute arise under this Agreement requiring interpretation of the same, you will not refer to previous versions of the Agreement. Rather, the interpretation of the Agreement shall be based only in the current language, terms, and conditions set forth herein.
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of California, excluding any conflict of law principles. All disputes arising under, out of, or in any way connected with the Agreement shall be litigated exclusively in the state and federal courts residing in California. In any such action, you agree to submit to the subject matter jurisdiction of such courts, and waive any objections to venue for such courts.
14. WAIVER AND SEVERABILITY
The failure of the Company to assert a right under this Agreement or insist upon compliance with any term or condition of this Agreement shall not constitute a waiver of that right or excuse a similar subsequent failure to perform any such term or condition by you. The provisions of this agreement are severable, and in the event that any provisions of this Agreement shall be determined to be invalid or unenforceable under any controlling body of the law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof.
15. FORCE MAJEURE
The Company shall not be liable by reason of any failure or delay in the performance of its obligations on account of strikes, shortages, failure of suppliers, riots, insurrection, fires, floods, storms, earthquakes, acts of God, war, governmental action, labor conditions or any other cause which is beyond the reasonable control of the Company.
16. STATUTE OF LIMITATIONS
You agree that regardless of any statute of law to the contrary, any claim or cause of action arising out of or related the Agreement or to the Company must be filed within one (1) year after such cause of action arose or you will be forever barred.