HitTrax - Information on Terms of Use
Updated: Monday, October 29, 2008 - 7.00 p.m.
Index
ACCEPTANCE OF TERMS.
The services
that HitTrax provides to you are subject to the following Terms of Use ("TOU").
HitTrax reserves the right to update the TOU at any time without notice
to you. The most current version of the TOU can be reviewed by clicking
on the "Terms of Use" hypertext link located at the bottom of our Web pages.
DESCRIPTION OF SERVICES.
Through its
network of Web properties, HitTrax provides you with access to a variety
of resources, including developer tools, download areas, communication forums
and product information (collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the addition of any new
Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise
specified, the Services are for your personal and non-commercial use. You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy
Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
Any software
that is made available to download from the Services ("Software") is the
copyrighted work of HitTrax and/or its suppliers. Use of the Software is
governed by the terms of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement"). An end user will
be unable to install any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement terms.
The Software
is made available for download solely for use by end users according to
the License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
WITHOUT LIMITING
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE
LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, HITTRAX HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE,
HITTRAX MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. HITTRAX DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH
USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES OR IN HITTRAX OR THIRD PARTY SOFTWARE PRODUCTS.
Top
of page
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission
to use Documents (such as white papers, press releases, data sheets and FAQ's)
from the Services is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied or posted
on any network computer or broadcast in any media, and (3) no modifications
of any Documents are made. Accredited educational institutions, such as
universities, private and public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
Documents
specified above do not include the design or layout of the hittrax.com.au, midi.com.au Web sites or any other HitTrax owned, operated, licensed or controlled web
site. Elements of HitTrax Web sites are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from any HitTrax Web
site may be copied or retransmitted unless expressly permitted by HitTrax.
HITTRAX AND/OR
ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF
THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HITTRAX AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL HITTRAX AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
THE DOCUMENTS
AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. HitTrax AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY
TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT
SHALL HITTRAX AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
ACCURACY OF SONG FILES
HITTRAX PROGRAMMERS RESERVE THE RIGHT TO ALLOW FOR UP TO 15% VARIANCE IN ACCURACY OF THE SONG FILES. IN SECTIONS CONTAINING AN INSTRUMENTAL SOLO OR LEAD BREAK, HITTRAX PROGRAMMERS RESERVE THE RIGHT TO ALLOW FOR UP TO 30% VARIANCE IN ACCURACY OF THE NOTES PERFORMED BY THE ORIGINAL ARTIST IN AN INSTRUMENTAL SOLO OR LEAD BREAK. HITTRAX WILL NOT REFUND OR EXCHANGE A SONG FILE WHERE THIS CONDITION EXISTS.
DEMONSTRATION FILES (demo song files)
DEMONSTRATION SONG FILES (DEMOS) FOR MIDI AND MP3 SONGS ARE AVAILABLE ON THE WEBSITE. THE PURPOSE OF THE DEMOS IS TO GIVE THE BUYER PRIOR OPPORTUNITY TO LISTEN TO SECTIONS OF THE SONG AND THERFORE BE 100% SATISFIED THE ITEM(S) IS SUITABLE FOR THE USE REQUIRED BY THE BUYER. IN INSTANCES WHERE A DEMO DOES NOT EXIST, OR WHERE THE DEMO WILL NOT PLAY, OR THE DEMO IS NOT SUFFICIENT, THE BUYER SHOULD CONTACT HITTRAX THROUGH THE CUSTOMER SERVICE/SUPPORT SECTION ON THE WEBSITE PRIOR TO MAKING PAYMENT.
MIDI FILE DEMOS ARE SHOWN AS (midi demo) AND MP3 DEMOS ARE SHOWN AS (mp3 demo) AND ARE LOCATED UNDER 'CLICK DETAILS' IN A SEARCH ENGINE RESULT/ADD TO ORDER PAGE
THE BUYER THEREFORE, ACKNOWLEGES THIS CONDITION OF SALE AND ACCEPTS THAT NO CLAIM FOR REFUND OR EXCHANGE WILL BE LODGED TO HITTRAX, OR THROUGH A PAYMENT GATE SUCH AS PAYPAL, ANZ EGATE, VISA, MASTERCARD AND AMERICAN EXPRESS ON THE BASIS THAT THE QUALITY OF THE ITEMS DO NOT MEET THEIR EXPECTATIONS OR STANDARDS.
MIDI FILE FORMATS
& PLAYING MIDI FILES ON YOUR DEVICE
HITTRAX MIDI FILES ARE CREATED AND FORMATTED TO 'GENERAL MIDI' SPECIFICATION FORMAT 0 (merged). HITTRAX MIDI FILES CAN BE CONVERTED TO GENERAL MIDI FORMAT 1 (split channels) USING THE FREE (PC & MAC) 'MIDI FILE FORMAT CONVERTERS' AVAILABLE ON THE DOWNLOADS PAGE ON THIS WEBSITE. MIDI FILES ARE PURCHASED IN THE KNOWLEDGE THAT THE FORMAT BUYER RECEIVES IN MERGED FORMAT 0.
THE PLAYBACK DEVICE MUST BE 'GENERAL MIDI' LEVEL 1 COMPATIBLE IN ACCORDANCE WITH GENERAL MIDI SPECIFICATIONS. HITTRAX MIDIFILES WILL 'LOAD & PLAY' ON ANY GENERAL MIDI EQUIPPED DEVICE, COMPUTER AND SOFTWARE. CONTACT CUSTOMER SUPPORT IF YOU ARE UNSURE.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of
the Services requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information
as prompted by the applicable registration form. You also will choose a
password and a user name. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You
agree to notify HitTrax immediately of any unauthorized use of your account
or any other breach of security. HitTrax will not be liable for any loss
that you may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held liable
for losses incurred by HitTrax or another party due to someone else using
your account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
REFUNDS & RETURNS FOR ALL PRODUCTS
1: MIDI FILES & MP3 FILES
MIDI FILES AND MP3 FILES ARE TWO (2) SEPARATE FORMATS, THEREFORE ONE FORMAT CANNOT BE EXCHANGED FOR THE OTHER, NOR REFUNDED. IT IS THE BUYERS RESPONSIBILITY TO CHECK AND UPDATE ALL SELECTIONS BEFORE PROCEEDING TO CHECKOUT.
HITTRAX HAS A CLEAR NOTICE REGARDING THIS POLICY ON THE ITEM SUMMARY PAGE DISPLAYED BEFORE THE PAYMENT PAGE.
HITTRAX WILL NOT REFUND OR EXCHANGE ANY SONG ON THE BASIS OF WRONG SELECTION OR WRONG FORMAT (MIDI or MP3). IF THERE IS ANY SONG ON THE LIST THAT IS INCORRECT, OR YOU HAVE CHOSEN THE WRONG FORMAT (MIDI or MP3) FOR ONE OR MORE SONGS, UNCHECK THE 'CONFIRM' BOX NEXT TO THOSE ITEMS THEN CLICK 'UPDATE SELECTIONS' BEFORE CLICKING THE 'PROCEED TO CHECKOUT' BUTTON.
HITTRAX WILL REPAIR ANY FAULTY MIDI FILE AND MP3 FILE PURCHASED AT NO CHARGE TO THE BUYER, OR AT HITTRAX'S DISCRETION, REFUND THE SONG WHERE REPAIR IS NOT POSSIBLE.
2: OKYWEB and ALL OTHER NON SONG FILE PRODUCTS:
Any refund will be for the price of the goods only and only where a return authorization has been assigned to the item and where the items home trial period (7 days) has not expired. HitTrax will refund the purchase price only, in Australian dollars, equivalent to the Australian dollar value on the day of sale. HitTrax is not liable to refund monies where the currency exchange rate has varied from the rate available on the day of purchase. Freight, packing and insurance costs, both ways, is non-refundable to the buyer. The buyer shall not initiate a charge back through their bank, card provider, Pay pal or any other payment gate without first contacting HitTrax and arranging return of goods and agreed refund amount with a HitTrax customer service team member. A Return Authorization number will be assigned. No item will be accepted for a refund without a HitTrax Authorization number. Damaged goods, including inclusions, inner and outer box and packing cartons will incur a reduced refund as these items can no longer be sold as new. Care should be taken on receiving goods to ensure all items, boxes and inner/outer packaging are kept in as new condition until you have decided to keep the goods. HitTrax reserves the right to deem the amount of a refund where goods arrive in a condition that renders them un-saleable as a new or used item.
PRINT LYRICS, TRACK SHEETS, MELODY GUIDE,
HARMONY VOCAL GUIDE
& EMBEDDED LYRICS
Lyric/Track Sheets (in a separate .txt file), Melody Lines (melody guide and harmony melody guide) and Embedded Lyrics (lyrics embedded in a MIDI File eg: karaoke scrolling lyrics) - hereafter referred to as 'Guides' are included solely at the programmers discretion. The inclusion of 'Guides' does not form part of the sale price. While every effort is made to ensure accuracy in a song listing, HitTrax programmers will not be held responsible or liable for any errors or omissions, including but not limited to, the inclusion or accuracy of 'Guides' and information on the website indicating availability of 'Guides'. Under no circumstances will a refund or exchange be made on the inclusion or non inclusion or the accuracy of 'Guides'. In circumstances where it is incorrectly shown 'Guides' exist, HitTrax will update the listing to reflect the correct status. Therefore, HitTrax assumes the buyer does not rely on the inclusion of a 'Guides' when making the purchase.
NO UNLAWFUL OR PROHIBITED USE.
As a condition
of your use of the Services, you will not use the Services for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any HitTrax server, or the network(s) connected to any HitTrax
server, or interfere with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, other accounts,
computer systems or networks connected to any HitTrax server or to any of
the Services, through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Services.
USE OF SERVICES
The Services
may contain e-mail services, bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed to enable you
to communicate with others (each a "Communication Service" and collectively
"Communication Services"). You agree to use the Communication Services only
to post, send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using the Communication Services,
you will not:
| • |
Use the
Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk email, spamming or any duplicative or
unsolicited messages (commercial or otherwise). |
| • |
Defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others. |
| • |
Publish,
post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or
information. |
| • |
Upload,
or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws,
including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless you own
or control the rights thereto or have received all necessary consent
to do the same. |
| • |
Use
any material or information, including images or photographs, which
are made available through the Services in any manner that infringes
any copyright, trademark, patent, trade secret, or other proprietary
right of any party. |
| • |
Upload
files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another. |
| • |
Advertise
or offer to sell or buy any goods or services for any business purpose,
unless such Communication Services specifically allows such messages. |
| • |
Download
any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner. |
| • |
Falsify
or delete any copyright management information, such as author attributions,
legal or other proper notices or proprietary designations or labels
of the origin or source of software or other material contained in
a file that is uploaded. |
| • |
Restrict
or inhibit any other user from using and enjoying the Communication
Services. |
| • |
Violate
any code of conduct or other guidelines which may be applicable for
any particular Communication Service. |
| • |
Harvest
or otherwise collect information about others, including e-mail addresses. |
| • |
Violate
any applicable laws or regulations. |
| • |
Create
a false identity for the purpose of misleading others. |
| • |
Use,
download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Services or other
user or usage information or any portion thereof. |
HitTrax has
no obligation to monitor the Communication Services. However, HitTrax reserves
the right to review materials posted to the Communication Services and to
remove any materials in its sole discretion. HitTrax reserves the right
to terminate your access to any or all of the Communication Services at
any time, without notice, for any reason whatsoever.
HitTrax reserves
the right at all times to disclose any information as HitTrax deems necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in HitTrax's sole discretion.
Always use
caution when giving out any personally identifiable information about yourself
or your children in any Communication Services. HitTrax does not control
or endorse the content, messages or information found in any Communication
Services and, therefore, HitTrax specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your
participation in any Communication Services. Managers and hosts are not
authorized HitTrax spokespersons, and their views do not necessarily reflect
those of HitTrax.
Materials
uploaded to the Communication Services may be subject to posted limitations
on usage, reproduction and/or dissemination; you are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO HITTRAX OR POSTED AT ANY HITTRAX WEB SITE.
HitTrax does
not claim ownership of the materials you provide to HitTrax (including feedback
and suggestions) or post, upload, input or submit to any Services or its
associated services for review by the general public, or by the members
of any public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting HitTrax, its affiliated
companies and necessary sub licensees permission to use your Submission in
connection with the operation of their Internet businesses (including, without
limitation, all HitTrax Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish your
name in connection with your Submission; and the right to sublicense such
rights to any supplier of the Services.
No compensation
will be paid with respect to the use of your Submission, as provided herein.
HitTrax is under no obligation to post or use any Submission you may provide
and HitTrax may remove any Submission at any time in its sole discretion.
By Posting
a Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in these Terms of Use
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
In addition
to the warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures or that are otherwise graphical
in whole or in part ("Images"), you warrant and represent that (a) you are
the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of
your use and as otherwise permitted by these Terms of Use and the Services,
(b) you have the rights necessary to grant the licenses and sublicenses
described in these Terms of Use, and (c) that each person depicted in such
Images, if any, has provided consent to the use of the Images as set forth
in these Terms of Use, including, by way of example, and not as a limitation,
the distribution, public display and reproduction of such Images. By Posting
Images, you are granting (a) to all members of your private community (for
each such Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere on the
Services, other than a private community), permission to use your Images
in connection with the use, as permitted by these Terms of Use, of any of
the Services, (including, by way of example, and not as a limitation, making
prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Images without having your name attached to
such Images, and the right to sublicense such rights to any supplier of
the Services. The licenses granted in the preceding sentences for a Images
will terminate at the time you completely remove such Images from the Services,
provided that, such termination shall not affect any licenses granted in
connection with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Notifications
of claimed copyright infringement should be sent
to the director. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL NOT RECEIVE A RESPONSE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING
INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS
REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS
OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH
THIS PROCESS.
Written notification
must be submitted to the following Designated Agent:
Service
Provider:
J & A Ialuna Pty Ltd
Name of Agent Designated to Receive Notification of Claimed Infringement:
John M Ialuna
Address of Designated Agent to send Notification:
PO Box 6090 Vermont South 3133 VIC, Australia
Telephone Number of Designated Agent: (+613) 9887 8127
Facsimile Number of Designated Agent: (+613) 9887 8127
Email Contact of Designated Agent: Contact HitTrax
To be
effective, the Notification must include the following:
1. A physical
or electronic signature of a person authorised to act on behalf of the owner
of an exclusive right that is allegedly infringed;
2. 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;
3. 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
the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact
the Complaining Party, such as an address, telephone number, and if available,
an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use
of the material in the manner complained of is not authorised by the copyright
owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and
under penalty of perjury, that the Complaining Party is authorised to act
on behalf of the owner of an exclusive right that is allegedly infringed.
Upon
receipt of the written Notification containing the information as outlined
in 1 through 6 above:
1. Service
Provider shall remove or disable access to the material that is alleged
to be infringing;
2. Service Provider shall forward the written notification to such alleged
infringer ("Subscriber");
3. Service Provider shall take reasonable steps to promptly notify the Subscriber
that it has removed or disabled access to the material.
Counter
Notification:
To be effective, a Counter Notification must be a written communication
provided to the Service Provider's Designated Agent that includes substantially
the following:
1. A physical
or electronic signature of the Subscriber;
2. Identification 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;
3. A statement under penalty of perjury that the Subscriber has 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;
4. The Subscriber's name, address, and telephone number, and a statement
that the Subscriber consents to the jurisdiction of Federal District Court
for the judicial district in which the address is located, or if the Subscriber's
address is outside of the United States, for any judicial district in which
the Service Provider may be found, and that the Subscriber will accept service
of process from the person who provided notification or an agent of such
person
Upon
receipt of a Counter Notification containing the information as outlined
in 1 through 4 above:
1. Service
Provider shall promptly provide the Complaining Party with a copy of the
Counter Notification;
2. Service Provider shall inform the Complaining Party that it will replace
the removed material or cease disabling access to it within ten (10) business
days;
3. Service Provider shall replace the removed material or cease disabling
access to the material within ten (10) to fourteen (14) business days following
receipt of the Counter Notification, provided Service Provider's Designated
Agent has not received notice from the Complaining Party that an action
has been filed seeking a court order to restrain Subscriber from engaging
in infringing activity relating to the material on Service Provider's network
or system.
LINKS TO THIRD PARTY SITES.
THE LINKS
IN THIS AREA WILL LET YOU LEAVE HITTRAX'S SITE. THE LINKED SITES ARE NOT
UNDER THE CONTROL OF HITTRAX AND HITTRAX IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. HITTRAX IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. HITTRAX IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT OR RECOMMENDATION BY HITTRAX OF THE SITE. HITTRAX IS INDEMNIFIED OF ANY LIABILITY FROM LINKS TO THIRD PARTY WEB SITES GENERATED FROM OUR WEN SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
HITTRAX OR
ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING
IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, MIDI FILES, MP3 BACKING
TRACKS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN HITTRAX PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO HITTRAX. PLEASE DO NOT
SEND YOUR UNSOLICITED IDEAS TO HITTRAX OR ANYONE AT HITTRAX. IF, DESPITE
OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT HITTRAX MAKES NO ASSURANCES THAT YOUR IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
YOUTUBE VIEWING AND ACCEPTANCE .
YOUTUBE VIDEOS ARE PROVIDED FOR VIEWING ENJOYMENT ONLY. HITTRAX AND YOUTUBE ARE NOT ASSOCIATED IN ANY WAY. HITTRAX ACCEPTS NO LIABILITY WHATSOEVER FOR THE ACCURACY OR CONTENT OF ANY YOUTUBE VIDEO DISPLAYED ON OUR WEBSITES. THE PRESENCE OF A YOUTUBE VIDEO DOES NOT IMPLY OUR VERSION OF THE BACKING TRACK ASSOCIATED WITH THE YOUTUBE VIDEO IS IDENTICAL. ALL HITTRAX SONG TITLES ARE 'BACKING TRACKS' AND NOT THE ORIGINAL SONG. HITTRAX HAS NO AFFILIATION WITH THE ORIGINAL ARTIST. THE BUYER SHOULD NEVER EXPECT ANY BACKING TRACK PURCHASED FROM OUR WEBSITES TO SOUND AND REPLAY AS SHOWN ON ANY YOUTUBE VIDEO. IF YOU FIND A YOUTUBE VIDEO THAT IS OFFENSIVE OR IRRELEVENT TO THE LISTED SONG TITLE CONTACT CUSTOMER SERVICE AND REPORT THE VIDEO.
COPYRIGHT NOTICE.
Copyright
© HitTrax, PO Box 6090 Vermont South 3133 VIC, Australia. All rights
reserved. Any rights
not expressly granted herein are reserved. Send your
questions regarding HitTrax Web properties, policy and all other general enquiries
and issues to Customer Service.
