TERMS AND CONDITIONS OF USE
The Effective Date of these Terms and Conditions of Use is May, 2nd 2010.
The www.americaisitahit.com website (“the Site”) is owned and operated by Hit Song Holdings, LLC. This Agreement is between you and Hit Song Holdings, LLC, (“HSH”). These Terms and Conditions of Use (the “Terms and Conditions”) constitute a legally binding agreement (the “Agreement”) between you and HSH. It is your responsibility to carefully read these Terms and Conditions before using the Site and/or uploading any of your songs. Use of the Site and/or uploading of your song to the Site will be considered acceptance of the Terms and Conditions. If you do not agree to the Terms and Conditions, then you may not use the Site or upload any of your songs. HSH has the right to modify these Terms and Conditions and its Privacy Policy; therefore, you should review them periodically.
Inquiries or concerns regarding this agreement may be sent by any of the following:
Via Mail: 2101 West Chesterfield Blvd Suite A102 Springfield Missouri 65807
Via e-mail: to Send E-mail to media.
TERMS OF USE
Intellectual Property Rights:
HSH’s Limited License to You. This website and all materials available on this website are the property of HSH or its licensors and are protected by copyright, trademark and other intellectual property laws. HSH provides the Site solely for personal, non-commercial use. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of HSH’s or our licensors’s intellectual property rights. You may download and/or print one copy of individual pages of the Site or documents available for download for your personal, non-commercial use.
Your License to HSH. By posting any content or material (including, without limitation, user comments) or uploading your song to us via this website, you represent and warrant that you are the owner of the material, or have the express consent of the owner of the material to post your comment or upload the song. You retain all of your ownership rights in all of your submitted materials. However, by uploading your song or posting other material, you grant us, or anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, worldwide limited license to use, copy, transmit, distribute, and/or publicly perform or display the material in whole or in part solely for the purpose of HSH and its affiliated companies, producers and agents making a determination, in their sole discretion, whether HSH will contact you concerning participation as a contestant in America Is It a Hit or any other contractual arrangement regarding you and your songs.
Original Song Submission:
You Have Authorization to Post the Song. By uploading your song through the Site, you represent and warrant that you are (a) the sole author and owner of the copyrighted work, (b) are a joint owner of the copyrighted work as defined in current U.S. Copyright law, or (c) have the express authorization of the owner of the work to upload the song to the Site.
Copyright Registration. By uploading your song to the Site, you represent and warrant that you have (a) obtained a U.S. Copyright Registration or (b) applied for a U.S. Copyright Registration for your song. You must provide the Registration Number or Registration Case Number when uploading your song. You can register your work and learn more about the copyright process at www.copyright.gov.
No Third Party Rights. You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant HSH all of the license rights granted herein. By uploading your song to the Site, you represent and warrant that you do not have a record deal, that the license granted to HSH herein does not violate any rights of any third party or constitute a default or breach of any contract, agreement, license, or covenant to which you are a party or have any knowledge of, and that HSH’s actions as governed by this Agreement will not infringe any rights to your song previously granted to a third party.
No Obligation Created. HSH is under no obligation to listen to your song, contact you regarding your submission, enter into any contract with you, or pay any royalties or other consideration to you or others, or acknowledge or respond to you or take any action whatsoever regarding you, your song and you submission in any manner. Furthermore, HSH is under no obligation to invite you or permit you to be a contestant or participant in any manner in any audition, casting, program, or production whatsoever, including, without limitation, any television, web-based, or other form of production or distribution whatsoever, or to in any manner promote, publish, or distribute your song in any manner or media.
Disclaimer. HSH disclaims any responsibility for any and all submissions and songs uploaded or otherwise provided to HSH by others which may be similar to any song submitted to HSH by you. HSH further disclaims any responsibility related to its acceptance or promotion of any song uploaded or otherwise provided to HSH by others which may be similar to any song submitted to HSH by you.
No False Information. By registering on the Site, you assert that your information is true and accurate to the best of your knowledge. You agree not to submit false information such as a false name, address, e-mail address and/or telephone number when commenting on the Site or uploading your song. By providing your e-mail in any manner on the Site, you consent to receive periodic communication from HSH by e-mail containing information that HSH, in its sole discretion, determines will be of interest to you.
User Comments: User comments are made available to you for your information and personal use solely as intended through the normal functionality of the Site. User comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Site or otherwise as prohibited under this Agreement. HSH reserves the right to remove any comments from the Site posted by a User at any time and in its sole discretion.
Prohibited Activities. The following activities are expressly prohibited from the Site:
(a) Creating and using a username in violation of anyone's trade secret, copyright, or other intellectual property right.
(b) Creating and using a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
(c) Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
(e) Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
(f) Framing or deep linking into the Site.
(g) Accessing the Site by means of automated process, spiders, bots or similar device.
User Indemnification: You agree to indemnify HSH and its affiliates, employees, agents, representatives and third party service providers. You agree to defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include but are not limited to: submissions, unauthorized use of material obtained through the Site, or breach of this Agreement. This defense and indemnification obligation will survive the termination of this Agreement.
Disclaimer of Warranty: YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITES ARE PROVIDED “AS IS” AND ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HSH DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICES PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICES HSH SUPPLIES AS A CONVENIENCE TO THE USER AND HSH’S LISTING OF THESE GOODS OR SERVICES ON THE SITE DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. HSH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, MATERIAL ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability: UNLESS OTHERWISE PROVIDED HEREIN, NEITHER PARTY SHALL BE LIABLE FOR, AND EACH PARTY HEREBY WAIVES AND RELEASES ANY CLAIMS AGAINST THE OTHER PARTY FOR, ANY SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES AND LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED ON CONTRACT, WARRANTY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING OR ANY OTHER PROVISION OF THIS AGREEMENT, NOTHING IN THIS AGREEMENT SHALL BE LIMIT A PARTY’S LIABILITY TO THE OTHER PARTY UNDER THE INDEMNIFICATION SECTION 5, ANY VIOLATION OF LAW, OR INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
Termination: HSH may cancel or terminate your right to access or use any part of the Site at any time without notice. The Disclaimer and restrictions on you regarding information downloaded or obtained from the Site shall survive any cancellation or termination of your right to use the Site.
Copyright Complaints: HSH respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide HSH’s copyright agent with the following information.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Description of the copyrighted work that you claim has been infringed;
The location of the material that you claim is infringing is located on this website;
Your address, telephone number and e-mail address;
A statement that your claim of infringement is based on a good faith belief; and
A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
HSH’s copyright agent for notice of claims of copyright infringement on its site can be reached as follows:
Mail:
Copyright Agent
America, is it a Hit?
E-mail: Send E-mail Copyright Agent
Miscellaneous:
Severability. If any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.
Website Availability. Because public networks, such as the internet, occasionally experience disruptions, HSH cannot guarantee the Site will be available 100% of the time. Although HSH strives to provide the most reliable website possible, interruptions and delays in accessing the Site are unavoidable and HSH disclaims any liability for damages resulting from such problems.
Off-Site Links. The Site may contain links to third party websites that are not owned or controlled by HSH. A link to a non-HSH website does not mean that HSH endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. By using the Site, you expressly relieve HSH from any and all liability arising from your use of any third-party website.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make HSH postings as accurate as possible, but HSH does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.
Headings. Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.
Controlling Law and Venue. It is understood and agreed that all the construction and interpretation of this Agreement and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Missouri, without giving effect to the conflict of laws provisions thereof. Venue of any action brought to enforce or relating to this Agreement or arising out of the relationship between the parties shall be brought exclusively in the Greene County Missouri District Court or the United States District Court for the Western District of Missouri.
Ability to Accept Terms of Service: You hereby acknowledge that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the HSH Site is not intended for children under 13. If you are under 13 years of age, then please do not use the Site. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
PRIVACY POLICY
The Effective Date of this Privacy Policy is May, 2nd 2010.
The www.americaisitahit.com (“the Site”) website is owned and operated by Hit Song Holdings, LLC. This Agreement is between you and Hit Song Holdings, LLC, (“HSH”). This Privacy Policy (the “Privacy Policy”) constitutes a legally binding agreement (the “Agreement”) between you and HSH. It is your responsibility to carefully read the Privacy Policy before using the Site and/or uploading any of your songs. Use of the Site and/or uploading of your song will be considered acceptance of the Privacy Policy. If you do not agree to the Privacy Policy, then you may not use the Site. HSH has the right to modify the Privacy Policy and its Terms and Conditions of Use ; therefore, you should review them periodically.
Inquiries or concerns regarding this agreement may be sent by any of the following:
Via Mail: [2101 West Chesterfield Blvd Suite A102 Springfield Missouri 65807]
Via e-mail: to Send E-mail to media. [david@a102studios.com.]
Our Commitment to Privacy: Your privacy is important to HSH. We provide this notice to better protect your privacy and personal information. Providing this information allows you to make choices about the way your information is collected and used. However, our Privacy Policy only applies to online data collection and does not apply to information that HSH has collected either off-line or through other means.
Information We Collect and How We Use It:
Personally Identifiable Information:
Uploading your Song: We collect the following information when you upload your song on the Site: name, e-mail, street address, phone number, city, state, zip code, country, along with any other additional information you willingly choose to provide.
Subscribing to Newsletter: We collect your e-mail address when you actively subscribe to the Site’s newsletter.
Non-Personally Identifiable Information:
In General: We may collect information through technology that does not identify you personally in order to make our site more interesting and useful. This information may also be used to optimize website performance within a given browser and increase the speed of navigation.
Cookies: We may use a standard feature in browser software called “cookies” to enhance your experience with our site. Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use this website, cookies help us identify how many unique users visit this website and track user trends and patterns. They also function to prevent you from having to re-enter information required to use this website.
Use of Cookies for Targeted Advertising: In some instances, these cookies may be used by us or other web sites during your future navigation of the internet to target specific advertisements to you based on your previous use of the Sites. The Sites may also read cookies already stored within your browser to identify non-personal information about you and communicate this information to other advertisers. All cookies are established on a per session basis, and are not permanently stored on your machine.
Additional Information on Cookies: Information on deleting or controlling cookies is available at HYPERLINK "www.AboutCookies.org" www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
How this information is used: We will use the information you provide to process your uploaded song(s), provide you with services on our website, and share information with you. In some cases an outside company may be contracted by us to fulfill a specific request or obligation to you. Your information will not be disclosed to any third party except when we deem it necessary to fulfill a specific request or obligations to you in order to comply with a valid legal process such as a search warrant, subpoena or court order.
Our Commitment to Children’s Privacy: Protecting the privacy of the very young is extremely important to us. No part of our website is structured to attract anyone under 13. We never collect or maintain information at our website from those under the age of 13. If we obtain actual knowledge that we have collected information about a child under the age of 13, that information will be immediately deleted from our records.
Changes to this Privacy Policy: This privacy policy describes the types of information we currently collect, and the ways we use and protect that information. From time to time, we may collect different types of information and use that information in different ways. For example, when we add features or services to HSH’s website, we may edit this policy to explain the new practices. Because protecting your privacy is very important to us, we do not expect major changes in policy.
