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©2019 by HMG Licensing

Terms and Conditions


Welcome to the www.hmgsync.com website (the “Website”), which is owned and operated by House Music Group, LLC (“HMG”). We have taken every effort to design the Website to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take some time to look them over because by using the Website you automatically agree to the Terms and Conditions, together with our Privacy Policy (which is incorporated herein by reference). Naturally, if you don’t agree, please do not use the Website. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these Terms and Conditions to see what those changes may be. Your continued use of the Website means that you accept those changes.

These Terms and Conditions set forth the essential points you (the “User” or “you”) must abide by in using the Website. Though the points mentioned below are limited, they are by no means conclusive and final, and any and all rights of HMG and its related entities and affiliates, both legal and equitable, shall be strictly reserved. 

Use of the Website

 

1. The User may peruse any of the musical tracks or other materials on the Website for any song the User is considering licensing for mechanical, synchronization, or other uses in their project(s) prior to obtaining a license and remitting the agreed upon royalties where warranted. Any unauthorized use of the Website or the contents therein is strictly prohibited.

 

2. The User may use the information or databases contained on the Website only for the User’s own private use or the internal purposes of the User’s home or business, provided that the User shall under no circumstances sell or broker the information or databases contained herein, or cause or permit said information to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form (whether directly or in condensed, selective or tabulated form), whether for resale, republishing, redistribution, viewing, or otherwise outside of the limited use permitted by these Terms and Conditions or such specific licenses that may be issued to the User or the User’s company. 

 

3. The User may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. The User may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize the User to create any database, directory or hard copy publication of any materials or information contained on the Website, whether for internal or external distribution or use. 

 

4. Licenses to use the musical tracks on the Website will be issued to the licensee (following the submission of the applicable “quote form”), containing all of the warranted and specific licensing criteria, only when approved by HMG. Final license issuance will be granted at the sole discretion of HMG.


5. Until a license has been consummated and royalties remitted through HMG, any use whatsoever of the musical tracks contained on the Website, for whatever purpose, is strictly prohibited. Prohibited restrictions include, but are not limited to, any transference of the sound recording, or underlying copyright, by digital, electronic, analog, or any re-recorded means now known or hereinafter devised. All musical tracks on the Website are protected by United States and International copyright laws and will be enforced to the fullest extent of applicable law. 

 

6. Materials on the Website, including but not limited to text, graphics, photographs, designs, layout, look and feel, databases, HTML code, trademarks, logos, icons, and other intellectual property (collectively, the “Materials”) are and shall remain the sole property of HMG. Accordingly, the Materials are protected by United States and International copyright and/or trademark laws, and may not be copied, reprinted, published, modified, reengineered, translated, hosted, or otherwise distributed by any means without the express written permission of HMG. All of the trademarks on the Website are trademarks of HMG or of other owners used with their permission. No intellectual property rights are transferred to the User on the basis of the User’s use of the Website. HMG reserves all rights not explicitly granted to the User under these Terms and Conditions, and all rights will be enforced to the fullest extent of applicable law. 

 

7. The User shall not; (i) attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means; (ii) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website; nor (iii) reverse look-up, trace or seek to trace any information on any other user or visitor to the Website, in any way where the purpose is to reveal any information regarding such user or visitor, including but not limited to such user’s or visitor’s personal identification or information. 

8. Any dedicated information granted to the User via the procedures and mechanics derived from the Website, or otherwise, shall be considered confidential, proprietary, and kept in confidence. Any unauthorized disclosure thereof to third parties may constitute a breach of these Terms and Conditions actionable by means including, but not limited to, termination of any licenses issued to the User and User’s relationship with the Website. 

9. No rights granted to the User via the Website or these Terms and Conditions shall be assigned to any third party, or otherwise, without the express written permission of HMG. The User agrees to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from the Website, and all information to which you have access through password-protected areas of the Website and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other unauthorized person whatsoever. 

 

Representations and Warranties


By using the Website, you represent and warrant to HMG that: (i) you have the legal right and capacity to enter into and comply with these Terms and Conditions; (ii) you will not use the Website for any purpose or in any manner that infringes the rights of HMG or any third party; and (iii) all information that you provide in connection with the Website (e.g., name, e-mail address, and/or other information) is true and accurate. 

 

Disclaimer of Warranties and Limitation of Liability

 

ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HMG MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

 

HMG MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HMG AND ITS RELATED ENTITIES AND AFFILIATES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF HMG OR ITS RELATED ENTITIES OR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

ALL DATA PROVIDED ON THE WEBSITE IS TO BE USED FOR GENERAL INFORMATION PURPOSES ONLY. THE INFORMATION CONTAINED ON THE WEBSITE IS NOT INTENDED TO PROVIDE SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE, WHATSOEVER, FOR ANY INDIVIDUAL OR COMPANY AND SHOULD NOT BE RELIED UPON IN THAT REGARD. 

 

Indemnification


You agree to indemnify, defend and hold harmless HMG and its owners, officers, employees, agents, partners, and related entities and affiliates from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of, based upon, or attributable to your use of the Website and/or breach of these Terms and Conditions. 

 

Links

 

The Website may contain links to websites operated by other parties. HMG is not necessarily affiliated with these linked websites and is not responsible for their content. The linked websites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of the Website, HMG, and its subsidiaries and affiliates at the Website, do not imply the endorsement or approval of such websites, products, services, or publications by HMG or its related entities or affiliates.

 

Remedies and Choice of Law

 

HMG and its related entities and affiliates reserve the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including without limitation the right to block access from a particular Internet address and/orseek injunctive or other appropriate relief in any state or federal court. 

 

All claims arising out of these Terms and Conditions or relating to the Website will be governed by the laws of the State of New York, without regard to its conflicts of laws principles. Any legal action or proceeding arising out of this Agreement or relating to the Website shall be brought exclusively in a state or federal court located in Manhattan, New York.

 

Miscellaneous

 

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent permitted by applicable law. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. HMG’s failure to act with respect to any failure by you or others to comply with these Terms and Conditions does not waive HMG’s right to act with respect to subsequent or similar failures. These Terms and Conditions, together with our Privacy Policy, which is incorporated by reference,set forth the entire understanding and agreement between you and HMG with respect to the subject matter hereof. Any cause of action or claim you may have with respect to these Terms and Conditions or the Website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

 

Last Modified February 2019.