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Terms of Use

GENERAL TERMS AND CONDITIONS

 

HeyLiveMusic, LLC ("Company") is providing this website, HeyLiveMusic.com, (the “Website”) to you subject to the following legal notices, terms, and conditions.

 

PLEASE READ THESE TERMS OF USE THOROUGHLY BEFORE USING THIS WEBSITE. DO NOT USE THIS WEBSITE UNLESS YOU UNDERSTAND THESE TERMS OF USE AND AGREE TO ABIDE BY THEM. BY USING THIS WEBSITE YOU AGREE TO THESE TERMS OF USE AND WARRANT THAT YOU HAVE FULLY READ AND UNDERSTAND THE TERMS OF USE WITHOUT ANY IMPAIRMENT IN JUDGEMENT.

 

Company may revise and update these Terms of Use at any time. Your continued usage of the Website will mean you accept those changes, if any. You are accordingly advised to consult the Terms of Use Agreement each time you view and use the Website.

 

USE OF WEBSITE

 

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Company. Company reserves the right to refuse service or terminate accounts, in its discretion, including, without limitation, if Company believes that customer conduct violates applicable law or is harmful to the interests of Company and its affiliates.

 

HARDWARE, SOFTWARE and INTERNET ACCESS

 

Membership in Website’s service requires that you have a personal computer, or access to one, with appropriate browser software, such as Microsoft Internet Explorer® or equivalent, access to an e-mail account as well as communications access to the Internet. This access may incur charges from Internet Service Providers and local telephone companies which shall be your sole responsibility. Should you wish to print materials that have been delivered electronically or accessed on the Website under the terms of your membership agreement, you must have a printer as well. In some cases, materials will be posted on the Website in Portable Document Format (PDF). In order to view PDF-formatted documents, you must have Adobe Acrobat Reader software. This reader is available for download, free-of-charge, from http://www.adobe.com/.

 

WEBSITE CONTENT

 

Company makes no claim that the contents of the Website, such as text, graphics, images and information obtained from service Companies and any other material contained on the Website (the "Content") is appropriate or may be downloaded in a particular jurisdiction. Access to the Website and Content may not be legal by certain persons or in certain states or countries. You access this Website at your own risk and you are responsible for compliance with the laws of your jurisdiction. Provisions relating to the liability of Company and its licensors, User Submissions, Indemnity, Jurisdiction, and Complete Agreement, survive the expiration or termination of these Terms and Use for any reason whatsoever.

 

The Contents of the Website, such as text, graphics, images, information obtained from Company's licensors, and other material contained on the Website should be used merely as a guide rather than a definitive recommendation to adopt any specific action or treatment. The Content is for informational purposes only. The Content is not intended to be a substitute for face-to-face professional advice, diagnosis, or treatment. Before acting on any of the information found or provided on the website, the user should confirm that such action is applicable and suitable by referring to his or her own medical practitioner or attaining the second or third opinion of other medical practitioners. Always seek the advice of an appropriate healthcare professional within your jurisdiction with any questions you may have. Never disregard professional medical advice or delay in seeking it because of information provided by a professional through the Website. If you think you may have a medical emergency, call your doctor or emergency services immediately. Reliance on any information provided through the Website is solely at your own risk. The limitations associated with consultations or other services exclusive of physical examination, should be recognized. Neither the Company nor any of its owners, managers, directors, employees, agents, partners, advertisers or affiliates assumes any legal responsibility for any incorrect or misleading information provided by any professional or contained within the Website.

 

You agree that you will not post any knowingly false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material that is illegally invasive of another person's privacy. Upon receiving any complaints, HeyLiveMusic, LLC will attempt to delete any inappropriate posts as quickly as possible; however, the submissions are generally posted in real-time and are not reviewed by HeyLiveMusic, LLC before they are posted to the Website.

 

COPYRIGHT AND USE OF CONTENT

 

The Content (excluding all correspondence between the user and professional through the messaging system, including any and all attachments) (“Copyright Content”) is protected by copyright under both United States Federal and State laws, and foreign laws. The works of authorship contained in this Website, including but not limited to all design, text and images, are owned or licensed by Company or its suppliers and contributors, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored by subsequent use or otherwise used in whole or in part in any manner without Company’ prior written consent, except that the user may make such temporary copies in a single computer's RAM and hard drive as is necessary to browse the Website, and that the user may produce one permanent printout of each page of the Website (unmodified in form, with a copy of this Terms of Use Agreement attached) to be used by the user for personal and non-commercial uses which do not harm the reputation of Company. All text and electronic images on this Website are the intellectual property of Company or its suppliers and contributors which may include either registered copyrights, unregistered common law copyrights, registered trademarks or service marks. Any attempt to infringe upon or to circumvent these copyrights or trademarks or other intellectual property rights will subject the infringing individual or organization to severe criminal and civil penalties as prescribed by law.

 

Any use of the Copyright Content not expressly permitted by these Terms and Conditions is a breach of the Terms and Conditions and may violate copyright, trademark, and other laws. Inquiries or applications for permission to copy any Copyright Content otherwise than is permitted by these Terms and Conditions should be directed to "support at HeyLiveMusic.com". Content and features on the Website, including these Terms and Conditions are subject to change or termination without notice in the editorial discretion of Interactive Technologies. All rights not expressly granted herein are reserved to Company and its licensors. If you violate any of these Terms and Conditions, your permission to use the Copyright Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Copyright Content.

 

REGISTRATION/USER INFORMATION

 

In consideration of your use of Website, you agree to provide true, accurate, current and complete information about yourself as prompted by the Website. If you provide any information that is untrue, inaccurate, not current or incomplete, or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You grant Company and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Website. Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using Company tools and services.

 

PRIVACY POLICY

 

User Information and certain other information about you is protected by our Privacy Policy .

 

SECURITY

 

You will create a username and password during your initial registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Company cannot and will not be liable for any loss or damage arising from your failure to comply with these security precautions.

 

MODIFICATIONS TO THE WEBSITE

 

Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Website.

 

TERMINATION

 

You agree that Company, in its sole discretion, may terminate your password, account (or any part thereof) or use of Website and remove and discard any User Information held by it, for any reason, including, without limitation, for lack of use or if Company reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Company may also in its sole discretion and at any time discontinue providing Website, or any part thereof, with or without notice. You agree that any termination of your access to Website under any provision of these Terms of Use may be effected without prior notice, and acknowledge and agree that Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or Website. Further, you agree that Company shall not be liable to you or any third-party for any termination of your access to Website.

 

DISCLAIMER OF WARRANTIES

 

YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE INFORMATION ON THE WEBSITE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' BASIS ONLY. COMPANY MAKES NO WARRANTIES OF ANY KIND REGARDING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CORRECTNESS, CURRENCY, RELIABILITY, TIMELINESS OF THE CONTENT, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THESE PAGES, OR THE COMPUTER SERVER WHICH MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS, AND SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED.

 

COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE SATISFACTION OF GOVERNMENT REGULATIONS OR THE LAWS OF ANY JURISDICTION WITH REGARD TO THE ABILITY TO USE THE WEBSITE OR REQUIRING DISCLOSURE OF INFORMATION CONTAINED ON THE WEBSITE.

 

COMPANY MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

 

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

 

WHEN USING THE WEBSITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF COMPANY AND ITS SUPPLIERS. ACCORDINGLY, COMPANY ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.

 

INDEMNIFICATION

 

You agree that you will hold harmless Company and its members, managers, officers, agents and employees from all claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use, arising out of or related to your access or use of, or your inability to access or use, this Website or the information contained in this Website or other websites to which it is linked, including but not limited to claims that you have found, something you have heard, viewed or downloaded from this Website or any other website to which it is linked to be obscene, offensive, defamatory, or infringing upon your intellectual property rights.

 

Liability of Company and Its Licensors

 

To the fullest extent permitted by law, neither HeyLiveMusic, LLC, its licensors, its suppliers, nor any third parties mentioned on the Website shall, in any event whatsoever, be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus) resulting from the use or inability to use the Website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Interactive Technologies is advised of the possibility of such damages.

 

To the fullest extent permitted by law any claims arising in connection with your use of the Website and any of its Content, must be brought within one (1) year of the date of the event giving rise to such action occurred.

 

LINKS PROVIDED BY US

 

Company may provide links on the Website to other websites which are not under the control of Company. In general, any website which has an address (or URL) not containing 'HeyLiveMusic.com' is such a website. These links are provided for convenience or reference only and are not intended as an endorsement by Company of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.

 

LINKING TO OUR WEBSITE

 

You may provide hypertext links to this Website, provided that: (a) the link be a text-only link clearly marked 'HeyLiveMusic', (b) the link must 'point' to the URL 'http://www.heylivemusic.com' and not to other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Company's name and trademarks, (d) the appearance, position and other aspects of the link may not create the false appearance that an entity other than Company is associated with or sponsored by Company, (e) the link, when activated by a user, must display this Website full-screen and not within a 'frame' on the linked website, and (f) Company reserves the right to revoke its consent to any link at any time at its sole discretion by amending this Terms of Use Agreement. You agree that any other hypertext links to this Website must be approved in writing by Company.

 

JURISDICTION/GOVERNING LAW

 

Company is located in the State of Ohio, United States of America. The Website and these Terms of Use shall be governed by and interpreted under the laws of the State of Ohio (without regard to its conflicts of laws principles) and the federal laws of the United States of America. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

 

You expressly agree that exclusive jurisdiction for any dispute with Company, or in any way relating to your use of the Website, resides in the courts of the State of Ohio and you further agree and expressly submit to the personal and exclusive jurisdiction of the courts of the State of Ohio in connection with any such dispute including any claim involving Company or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

 

INTERNATIONAL USE

 

Recognizing the international nature of the Internet, you agree to comply with all rules, regulations, and laws regarding Website which are applicable to you. Company is based in Columbus, Ohio, in the United States of America. Company makes no claims that the Website is appropriate or may be downloaded outside of the United States.

 

CONFIDENTIALITY

 

We try our best to ensure confidentiality and protect your privacy at all times.  The website was specifically set up to maximize protection of your personal information by not transporting it via email. We will not disclose any information to third parties without your permission except as needed to protect ourselves from liability or to respond to a legal process or comply with the law.

 

ENTIRE AGREEMENT

 

These Terms and Conditions constitute the entire agreement between the parties and superseded all other agreements relating to the subject matter, and set out the complete legal relationship between Company and any other party arising from or connected with the subject matter. For the voidance of doubt, in the case of any conflict between these Terms and Conditions, and any Professional’s terms and conditions, these  HeyLiveMusic.com Terms and Conditions apply only.

 

MISCELLANEOUS

 

Company reserves the right to place any third party advertisements on the Website at any time and without notice or liability.

 

The failure of Provider to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

 

We hope you find the Website helpful and convenient to use!

 

QUESTIONS AND COMMENTS

 

Thank you for reading and agreeing to these Terms of Use.

 

Please direct any questions or comments regarding the Website by electronic mail to "support at  heylivemusic.com"

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