Last Updated: May 23, 2018
Welcome to the Heads Music company website on headsmusic.com, and thank you for visiting!
We do not represent that the Sites are governed by or operated in accordance with the laws of other nations, or that the Site or any portion of the Site is appropriate or available for use in any particular location. If you choose to access the Site, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations.
By accessing, browsing or otherwise using the Site, you: (i) acknowledge that you have read, understand, and agree, on your own behalf and/or on behalf of your children, to be bound by these Terms and that you agree to comply with all applicable laws, rules and regulations with respect to your use of the Site; and (ii) represent that you are an adult and have the legal capacity to enter into contracts in the jurisdiction where you reside. If you do not agree to these Terms, you may not access, browse or use the Sites, and you should discontinue these activities immediately.
Harmonics Engineering, LLC, its subsidiaries, affiliated companies, distributors, vendors, contractors, licensors and/or licensees are the exclusive owners or licensees of all content and materials on the Site (the “Site Content”) and of all related intellectual property rights therein, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of the Sites.
The trademarks and service-marks are the exclusive property of Heads Music. Unauthorized use of any of the service marks or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with Heads Music or our approval or sponsorship of the user’s products or services, or that is likely to dilute any of the Company’s service marks is strictly prohibited by law. All other trade names, trademarks and service marks that appear on the Site are the property of their respective owners.
You do not acquire any ownership interests in any Site Content or Artist service marks by accessing, browsing or otherwise using the Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any of the Company’s service marks or Site Content.
You may access, browse and use the Sites and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device.
Certain features of the Site may allow you to post, upload, transmit or submit certain materials, content, information or ideas to the Sites (“Your Content”). Do not post, upload, transmit or submit to the Sites any of Your Content that you did not create or that you do not have express written permission to post. By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant the license in the following subsection (ii), and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; (iii) grant to us a worldwide, nonexclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sublicensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we or may choose and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party; and (iv) agree to indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Sites, Your Content or its posting on, or submission to, the Site, and/or your violation of these Terms. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any or no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to the Site, or through the Site’s services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features on the Site or restrict your access to part or all of the features or services on the Site without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
You warrant and agree that, while accessing or using the Sites, you will not:
impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, or otherwise affiliated with us;
use an inappropriate username or screen name;
insert your own or a third party’s advertising, branding or other promotional content into any Site Content;
obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Sites;
engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
use the Site or any of it’s features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;
use the Site or any of its services in violation of our intellectual property or other proprietary or legal rights or the rights of any third party;
use the Site or any of its services in violation of any applicable law;
attempt (or encourage or support anyone else’s attempt) to circumvent, reverse-engineer, decrypt, or otherwise
alter, or interfere with, the Site or any of it’s services; or
post, transmit, publish or otherwise disseminate through the Site any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation in any way; or (iii) is harmful to children in any manner.
Your Account and Your User Information
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your User Information.
We reserve the right to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, remove Your Content from the Site.
Fees That You May Pay
Some of the Services require you to pay a fee, the details of which are available in various areas of the Sites that allow you to purchase products, features or services. If you choose to join one of our mobile marketing lists, please be aware that there are usually costs associated with receiving SMS or MMS messages, depending on your wireless carrier and plan. You should check with your wireless carrier to determine what charges apply before signing up to receive our updates via your mobile phone. You agree to pay all fees and applicable taxes incurred by you or anyone using Your Account or Your User Information. We may revise the pricing for products, services or features offered through the Site at any time. Unless otherwise noted, all currency references are in U.S. dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes payable. If there is a dispute regarding payment of fees to, or products or services provided by, us, Your User Information may be disabled without warning or notice at our sole discretion.
EXCEPT AS OTHERWISE SET FORTH IN OUR RETURN POLICY OR CANCELLATION POLICY, YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED PRODUCTS, SERVICES OR FEATURES ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES THROUGH YOUR USER INFORMATION, INCLUDING ANY UNAUTHORIZED CHARGES.
We may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Terms or elsewhere on the Sites.
Submission of Your Ideas and Suggestions
While we encourage you to share ideas and suggestions through the Site, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Site may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. When you share ideas or suggestions through the Site (including, without limitation, ideas or suggestions for new creative work, sound recordings, musical compositions, video programming, webisodes, machinima or theatrical motion pictures) (collectively “Submissions”), you hereby grant us and our respective designees a worldwide, non-exclusive, sublicensable, transferrable, assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, adapt, create derivative works from, publicly perform, publicly display and license, digitally perform, make, have made, sell, offer for sale and import your Submissions in any and all media and means of communication, now known or hereafter developed. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, PLEASE DO NOT SHARE, SUBMIT OR POST ANY SUBMISSION ON OR THROUGH THE SITE.
Links to Third-Party Websites
The Site contains links to websites of third parties and advertisements of third-party products and services. If you use these links, you will leave the Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
Linking to the Sites
You agree that if you include a link from any website to the Sites, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Sites, or any page of the Site, to be “framed”, surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Sites be discontinued and removed and revoke your right to link to the Sites.
We administer, control and operate the Site from our offices in the State of New York, United States of America. The Site is accessible world-wide; however, some of it’s features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Sites may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.
The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Site.
Some content on the Site is provided by the users of the Site. With the exception of the limited license granted to us in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such content provided by users. We also do not independently verify the representations and warranties made by the users with respect to such content.
THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WITH RESPECT TO ANY UPTIME OR UNINTERRUPTED ACCESS, THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT, OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING, OR USE OF THE SITE OR YOUR DOWNLOADING OF ANY CONTENT ON THE SITE. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE ALL USE OF THE SITE.
Limitation of Liability
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR INABILITY TO USE THE SITE, OR FOR ANY SITE CONTENT, INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED OR ACCESSED THROUGH THE SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages and, in such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.
IN NO EVENT SHALL WE BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY US OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR ’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (i) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100.00 USD), WHICHEVER IS GREATER.
Notice of Claims of Copyright Infringement
We respect the intellectual property rights of others and require our users to do the same. To notify us of your claim of copyright infringement with respect to any Site Content, please send a written communication to our designated copyright agent:
Reed Smith LLP
599 Lexington Avenue
New York, NY 10022
Attn: Hernan Gonzalez-Moneta
We reserve the right to modify these Terms and/or any other guidelines or policies affecting the Sites at any time, and such revisions will become effective upon the earlier of (i) posting of the revisions to the Site, or (ii) distribution of the revisions by electronic mail. For this reason, please visit this page on a regular basis and check the “Last Updated” date at the top of these Terms to ensure that you are familiar with the most recent version of these Terms. Your continued use of the Site after the effective date of the revisions signifies your acceptance of any such revisions.
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Sites, including, without limitation, Your User Information.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law and Jurisdiction
You agree that the laws of the United States of America and the laws of the State of New York, without regard to the principles of conflicts of laws, will govern these Terms, your use of the Sites, and all matters relating to your access to, and/or use of, the Site, including all disputes between you and us. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New York, NY and the related appellate courts, in any related action or proceeding.
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
If you have any questions about these Terms, please contact us at email@example.com.