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Terms & Conditions

Last updated: January 2022

These Terms of Use (“Terms”) apply to the website at http://www.hitchcock-media.com, including all associated websites owned or operated by Hitchcock Media, LLC and its affiliated entities (“HMR” or “us”) that link to or reference these Terms (collectively, the “Site”). 

By visiting or using the Site, you hereby accept and agree to these Terms and consent to our Privacy Policy. If you do not agree, your sole and exclusive remedy is to discontinue your use of the Site. You agree that these Terms, together with the Privacy Policy, represent your entire understanding and agreement regarding your use and activities on the Site. 

HMR reserves the right to modify, alter, update, supplement or remove portions of these Terms at any time in its sole discretion. We will provide notice of any changes by updating the “last updated” date on this page. You agree it is your responsibility to check for any updates or modifications to these Terms. Your continued use of the Site following any such updates constitutes your acceptance of the updated terms.  

Site Content
Site Content” is defined as all information, content, text, code, graphics, photographs, images, interfaces, media, technology, functional features and other materials that comprise, are displayed or are provided on or through the Site. HMR reserves the right to edit, modify, remove, supplement or cease providing some or all of the Site Content at any time in its sole discretion. Your use of any Site Content is solely at your own risk and subject to the terms and conditions herein.

The Site may include links to other websites, information, content and/or other services that are owned or operated by third parties (collectively, “Third Party Content”). If you access or use any Third Party Content from the Site, you will be subject to the respective third party’s terms and policies. The appearance or availability of any Third Party Content on the Site is for convenience only and does not represent any affiliation, sponsorship or endorsement by HMR. HMR is not responsible for the availability, accuracy or utility of any Third Party Content. You agree that HMR will not be liable for any harm, loss or damage that you may incur as a result of your access or use of any Third Party Content through the Site.

Site Restrictions
The Site is intended for a general audience and is for your personal, non-exclusive and non-commercial use only. You represent and warrant that you will not (and will not encourage, assist or enable others to):

a)    Transmit any computer viruses, worms, exploits, Trojan horses or other harmful materials on or through the Site;
b)    Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
c)    Use or attempt to use the Site in any manner that could damage, disable or interfere with the proper working the Site, including any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or HMR’s systems or networks;
d)    Modify, decompile, disassemble, reserve engineer or create derivative works based on the Site;
e)    Gain or attempt to gain unauthorized access through hacking, phishing, social engineering or any other means to anything not purposely made available on the Site, including any servers, systems, networks or security related features;
f)    Copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content without HMR’s prior written consent;
g)    Violate HMR’s or any third party's rights, including any breach of confidentiality, privacy, intellectual property or other proprietary rights; or
h)    Violate these Terms or any applicable laws in connection with the Site.

Submissions
HMR does not accept any requests for funding, business plans, proposals, concept plans, applications, film/TV scripts, or any other information or materials that are considered to be proprietary or confidential through the Site or HMR’s contact information on the Site. Notwithstanding the foregoing, you agree that HMR owns any ideas, comments, suggestions, feedback and other materials that you may offer, disclose, submit, provide or otherwise make available to HMR using the Site or otherwise (collectively, “Submissions”). HMR may use Submissions for any purpose without any notice, compensation, confidentiality or other obligations to you.

Intellectual Property
HMR and/or its licensors own and retain all rights to the Site and Site Content, including all intellectual property rights thereof. No ownership, interest or other rights in any part of the Site or Site Content is given to you. HMR reserves all rights not expressly granted herein.

Trademarks
The Site contains trademarks (i.e. word marks, service marks, logos and design marks) owned by Hitchcock Media, LLC or its affiliated entities. Such trademarks include, without limitation, HITCHCOCK MEDIA RECORDS, ARPELL MUSIC, PINELLAS MUSIC, GIMMETRACKS and LA MUSIC MIXER.

To the extent there are any third party trademarks displayed on the Site, such trademarks are owned by the respective third party owner. No trademarks appearing on the Site may be used, reproduced, modified or redistributed for any marketing, publicity, commercial or other purpose without prior written authorization from the trademark owner.

Disclaimer
THE SITE, INCLUDING ALL SITE CONTENT, IS PROVIDED ON AN "AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAWS, HMR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HMR MAKES NO CLAIMS OR GUARANTEES ON THE ACCURACY OR QUALITY OF ANY SITE CONTENT, NOR THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HMR AND ITS LICENSORS ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MAY ARISE FROM YOUR USE OR RELIANCE ON THE QUALITY, ACCURACY, SECURITY OR RELIABILITY OF THE SITE OR SITE CONTENT. YOUR USE OF THE SITE AND ANY SITE CONTENT IS AT YOUR SOLE RISK AND DISCRETION.

Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAWS, IN NO EVENT SHALL HMR, THEIR PRINCIPALS AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF OR RELATING TO THE SITE OR SITE CONTENT, EVEN IF HMR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM, AGGREGATE LIABILITY OF HMR TO YOU OR ANY THIRD PARTY UNDER ANY CIRCUMSTANCE SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100).

Indemnification
You agree to indemnify, defend and hold harmless HMR, their principals and respective officers, directors, employees, agents and representatives (collectively, the “Indemnified Parties”), including all costs, liabilities and attorneys’ fees, from any claim or demand made by any third party arising out of or relating to (i) your use of the Site or Site Content, (ii) your violation of these Terms, or (iii) any infringement, misappropriation or violation by you of any intellectual property, proprietary, privacy, publicity or other rights. You agree to not settle or admit liability or fault on behalf of any Indemnified Party without its prior written consent. HMR will use commercially reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and Site Content, including without limitation all laws applicable to the United States and the territory or jurisdiction in which you are located.

Notice of Copyright Infringement
The design, selection and arrangement of Site Content are works of HMR protected under U.S. and international copyright laws. If you wish to reproduce, redistribute or otherwise use any Site Content for purposes other than as expressly provided in these Terms, you are solely responsible for obtaining permission from the copyright owner and complying with any proprietary notice or attribution requirements. Any unauthorized use, reproduction or distribution of Site Content (whether marked as copyright protected or not) is a violation of copyright, trademark and other applicable laws that may result in civil or criminal penalties or fines. Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement in connection with any Site Content should be sent to info@hitchcock-media.com.

Governing Law and Venue
These Terms are governed by the internal laws of the State of California without regard to conflict of laws. For any claims or disputes arising or relating to these Terms, you agree to irrevocably submit to the personal and exclusive jurisdiction and venue of the state and federal courts in Los Angeles County, Los Angeles.

Termination
HMR may suspend or terminate the Site at any time without notice or liability to you. In the event of any termination, provisions of these Terms that are reasonably intended to survive termination will survive.

Miscellaneous
The section headings in these Terms are for convenience only and have no legal effect on the interpretation of these Terms. HMR’s failure to exercise any right in any respect shall not be deemed a waiver unless specified in writing and issued by an authorized representative of HMR. If any provision of these Terms is found to be unenforceable or invalid, then only that provision will be modified to reflect the intent or eliminated to the minimum extent necessary, and the remainder of these Terms will remain in full force and effect. You may not assign, transfer, delegate or sublicense these Terms or your obligations hereunder, and any such attempt to do so will be null and void ab initio.

Contact Us
For any questions about these Terms, please contact us at info@hitchcock-media.com.

 

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