Terms & Conditions

Hit Maker USA

Legal Notice, Disclaimer, Terms of Use

 

This site is operated by Hit Maker USA “Operator” shall include Hit Maker USA and its divisions subsidiaries, successors, parent companies, and their employees, partners, principles, agents and representatives (collectively, “Operator”)

PLEASE READ THESE TEAMS CAREFULLY AS USE OF THIS SITE CONSTITUES ACCEPTANCE OF THESE TERMS AND CONDITIONS. ANY DISPUTE BETWEEN YOU AND US MUST BE REWSOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE REAR THE ARBITRATION PROVIDSIONS IN THESE TERMS AS IT AFFECTD YOUR RIGHTS UNDER THIS CONTRACT.

These terms may be modified from time to time without notice to you and posted to this website. You are responsible for checking these terms periodically for changes. Your subscription and/or continued use of the HitMakerUSA.com website constitutes your acceptance of the terms and conditions (The “agreement”).

Use of material on the HitMakerUSA.com Website: The information, artwork, text, video, audio, or photographs contained on the HItMakerUSA.com website is protected by copyright law. You may only access and use the Material for any personal or educational purposes. You may note modify or use the Materials for any purpose without Operator’s express written consent, or express written consent of the copyright owner. Except as provided below, you may not reproduce, republish, post, transmit, publicly perform, publicity display or distribute any Material on the HitMakerUSA.com Website (collectively, “Materials”). 

Change of Materials: The Materials included on the HitMakerUSA.com Website have been compiled from a variety of sources and are subject to change without notice.

Media Files: All media files on HitMakerUSA.com Website are protected by copyright laws. You may not, under any circumstances, reproduce, record, publish, publicly exhibit, or distribute any media files made available for playback on HitMakerUSA.com Website without obtaining the express written consent of the operator or copyright owner. 

Sites linked from HitMakerUSA.com Website: The site’s linked from the HItMakerUSA.com Website are not under Operator’s control, and Operator does not assume any responsibility or liability for any communications or materials available at such linked sites. Links on the HitMakerUSA.com Website are not intended to be referrals or endorsements of the linked entities; they are provided for convenience only. You are solely responsible and liable for any interactions you may have with any such linked entities, their sponsor’s and other third parties, including but not limited to, the delivery or and payment for goods and services, and any other terms, conditions, warranties or representations associated with such interactions. Operator shall not be responsible or liable for any part of any such interactions. 

Framing of Linking to the HitMakerUSA.com Website: You may not link or frame the HitMakerUSA.com Website without obtaining the express written consent of Operator. 

Public Forums: “Forums” mean any chat area, poll, bulletin board, e-mail or other interactive function offered as a part of the HitMakerUSA.com Website. All information, advice, files, links≤ communications or other materials posted by you (“user-supplied materials”) to any forum shall be your responsibility. You shall not post or transmit via any forum and User Supplied Materials which infringe a third parties’ rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue harassing libelous, defamatory, abusive, tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You shall use the HitMakerUSA.com Website for lawful purposes only. The forums shall be used in a noncommercial manner. You shall not, without Operator’s express approval, distribute or otherwise publish any material containing any solicitation, promotion or advertising for goods or services. 

User-Supplied Material on Forum: By submitting User-Supplied Materials to any forum or directly to the Operator, you grant, or warrant that the owner of any such User-Supplied Materials has expressly granted, to Operator a royalty-free, non-exclusive, perpetual, right and license to use, reproduce, modify, publish and distribute all such User-Supplied Materials and/or to incorporate such materials in other works in any form, media, technology now known or later developed and to sublicense any and all such rights to third parties.

Removals of User-Supplied Materials: Operator shall have the right. But not the responsibility to monitor and/or remove anu User-Supplied Materials posted by you to the HitMakerUSA.com Website deemed harmful or offensive in Operator’s sole discretion, or that otherwise violate these terms and conditions or any other terms and conditions which Operator may institute from time to time Operator shall have no liability for the failure to receive or to remove any such materials. 

Operator not responsible for Forum. Any opinions, advice, statements, services, offer or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of Operator. Operator makes no representations or warranties regarding the Forums ad neither endorsees nor is responsible for the accuracy or reliability of any opinion advice information, or statement made on or in connection with the HitMakerUSA.com Website, It is your responsibility to evaluate or seek the advice of professionals to assist you in the evaluation of the accuracy, completeness, or usefulness or any information provided in connection with or otherwise available on the HitmakerUSA.com Website.

Indemnity: You agree to indemnify and hold Operator harmless from any claim or demand including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to any information you submit, post, transmit or make available through the HItMakerUSA.com Website, your use of HitMakerUSA.com Website, your internet connection to the HitMakerUSA.com Website, your violation of these terms and conditions, or your violation of any law, regulation or third party-right. 

Disclaimers: The services, products, materials, information, advise or other data (collectively, “information”) made available at the HitMakerUSA.com Website are provided “AS IS” and “AS AVAILABLE” basis, without warranties of any kind. Operator expressly disclaims any representations and warranties, including without limitation, the implied warranties if merchantability, fitness for particular purpose and non-infringement. The Operator shall have absolutely no liability whatsoever in connection with the information including, without limitation, any liability for damage to your computer hardware, data, information, materials and business resulting from the information or lack of information available on HitMakerUSA.com Website. Operator shall have no liability for: (a) any loss or injury caused, in whole or part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the information; (b) Any errors, omissions, or inaccuracies in the information regardless of how caused, or delays or interruptions in delivery of the information, or (c) Any decision made or action take or not taken in reliance upon the information or that the information furnished hereunder. Operator makes no warranty, representation or guarantee as to the content, sequence, accuracy, timeliness or completeness of the information or that the information may be relied upon for any reason. Operator makes no warranty, representation or guarantee that the information will uninterrupted or error free or that any defects can be corrected. 

Limitations of Liability: In no event shall Operator be liable for any consequential , incidental direct, indirect, special, punitive, or other damages whatsoever (including, without limitations damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of or relating to your use of, reliance on, or inability to use the HitMakerUSA.com website and/or the information or any part thereof, or from the use of the internet generally, even if operator has been advised of the possibility of such damages. Because some states/jurisdictions dfor not allow the exclusion of limitation of liability for consequential or incidental damages, some of the above limitations maty not apply to you, but they shall apply to the maximum extent permitted by law. 

Copyright and Trademark Notice: Copyright HitMakerUSA.com and/or its licensors, all rights reserved. HItMakerUSA.com is the registered trademark of HItMakerUSA.com

Copyright/ Intellectual Property Policy. The HitMakerUSA.com website Copyright / Intellectual Property policy is strictly enforced. You may not post, modify, distribute or reproduce in any way copyrighted material, trademarks, or other proprietary information belonging to others with obtaining the prior WRITTEN consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on HitMakerUSA.com website in any way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic of physical signature of the person authorized to act on behalf of the owner of the copyright interest (2) a description of the copyrighted work that you claim is infringed (3) a description of where the material that you claim is infringing is located on the HITMakerUSA.com website (4)your address, telephone number and email address (5) a written statement by you that you have good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law (6) a statement by you,. Made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. HitMakerUSA.com website Copyright Agent for notice of claims of copyright infringement can be reached as follows:

Agent, HitMakerUSA.com Website, PO Box 1343, Salt Lake City, UT 84110 or info@hitmakerusa.com

Privacy: Use of the HItMakerUSA.com Website is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference

Payments and Billing: When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changed to that payment information. We reserve the right to utilize third party payment services to obtain current expiration dates on credit cards. 
Arbitration Exclusive Conflict Resolution: Any dispute, claim, or controversy (i.e. contractual, tort, and/or statutory) arising out of or relating to this HItMakerUSA.com, the print version of HItMakerUSA.com, this Agreement, any subscription or contest of HitMakerUSA.com, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement or arbitrator. The arbitration shall be administered by AAA. The prevailing party shall be entitled to reasonable attorney fees and arbitration fees. The agreement and the rights parties hereunder shall be governed by and construed in accordance with the laws of the state of Utah, exclusive of conflict or choice of law rules. 

Other. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States to the country in which you reside. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in any arbitration proceeding based upon or relating to the terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. This Agreement constitutes the entire agreement between you and Operator. The failure of Operator to exercise or enforce any right or provision of this agreement ius unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. 

Contests. By entering a HitMakerUSA.com contest, you will be bound by these Terms & Conditions, and you acknowledge that you satisfy all eligibility requirements. Eligibility. The contest is open to any songwriter, artist, musician and/or band from anywhere in the world. Employees of and independent contractors of HitMakerUSA.com and their immediate families of employees of sponsors are not eligible. By submitting, you are agreeing that you are not employed by or affiliated with any of the contest sponsors and that you have not received a W-2 or 1099 from Melodic Intent LLC in the past two years. You represent and warrant that (a) all registered information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your entry to the contest does not violate any applicable law or regulation. If you are under 18 years of age, however, you must have permission and clearance to enter the contest from your parent or legal guardian. Prize(s) and winners Selection Method. This contest is a talent and skill-based business event. All entries will be first screened by musicians/professionals and songwriters employed by HItMakerUSA.com. All contest entrants shall stay informed of the selection process via HitMakerUSA.com website. Finalists will be selected from all songs entered and will be narrowed down to winer. The winner will be notified via email and/or phone, and all results will be posted on HitMaker.com. If the chosen winner does not respond to HitMaker.com notifications within seven (7) days, HitMakerUSA.com reserves the right to contact runners-ups for the receipt of prizes. Internation winners must pay and all customs fees for delivery of prizes. Entrants who are not official winners will not receive individual notifications. Prize delivery of all prizes will be coordinated via email. If any prize is not fulfilled within 180 days of the official winner announcement, it is the responsibility of the winner to notify HitMakerUSA.com in writing. If the winner fails to notify HItMakerUSA.com any outstanding prizes within 180 days, HitMakerUSA.com can no longer guarantee prize fulfillment. 

How to Enter. You must enter the contest via the entry method described below

On the contests landing page, follow the entry form instructions

MISCELLANEOUS Each contest is governed by the laws of the United States. By entering a contest you agree (for yourself and your heirs) that Sponsor, HitMakerUSA.com and each respective affiliates and agents, and any entities involved in any aspect of the contest (all aforementioned parties are collectively, the “Released Parties”) will have no liability, and will be held harmless from and against liability, loss, injury or damage to property or person, including death, and reasonable attorney’s fees and court costs, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use of misuse of a prize or participation in the contest, even if caused of contributed by the negligence of any of the Released Parties.

You agree that decision related to each h contest and all distribution of prizes are final. Each winner agrees hat, by participating in a contact, Sponsor, HitMakerUSA.com and their respective affiliates may use the winner’s name in any manner and in any medium for its promotional purposes without additional compensation, including posting in a winners list, except where prohibited by law, and Sponsor, HitMakerUSA.com and their respective affiliates may be required to disclose the winners address to state regulatory authorities. 

Privacy Notice all information submitted in connection with this contest will be treated in accordance with these Terms & Conditions and Privacy Policy