Terms Of Service

1. ACCEPTANCE OF TERMS

Welcome to HXCMusic.  HXCMusic provides its service to you subject to the following Terms of Service ("TOS").  This TOS may be updated by HXCMusicR by posting the changes to Terms Of Service

2. DESCRIPTION OF SERVICE

HXCMusic provides users with a search engine service to locate mp3 files and metadata from external web sites throughout the internet. HXCMusic has no control over any web sites or resources which are provided by companies or persons other than HXCMusic.  You acknowledge and agree that HXCMusic is not responsible for the availability or content of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.  You acknowledge and agree that HXCMusic is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new HXCMusic features, shall be subject to this TOS. You understand and agree that the Service is provided "as is" and that HXCMusic assumes no responsibility for the timeliness, deletion, or failure to store or deliver any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as your own Internet service provider or airtime charges).

3. YOUR REGISTRATION OBLIGATIONS (INCLUDING MEMBER ACCOUNT, PASSWORD AND SECURITY)

You agree not to access, or attempt to access, any of the Services by any means other than through the interface that is provided by HXCMusic, unless you have been specifically allowed to do so in a separate agreement with HXCMusic. You specifically agree not to access, or attempt to access, any of the Services through any automated means, including use of scripts or bots.  HXCMusic may in the future provide automated access to Services (such as an api or web service) and will update the TOS here or in a separate agreement with specific persons or companies.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
Unless you have been specifically permitted to do so in a separate agreement with HXCMusic, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
You agree that you are solely responsible for (and that HXCMusic has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which HXCMusic may suffer) of any such breach.

4. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not HXCMusic, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. HXCMusic does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will HXCMusic be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:

a. post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity, including, but not limited to, a HXCMusic employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
d. post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual agreement
e. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
f. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete Spam Policy);
g. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
i. intentionally or unintentionally violate any applicable local, provincial, national or international law
j. harm minors in any way; "stalk" or otherwise harass another
k. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

5.  FEEDBACK AND OTHER SUBMISSIONS

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

7. INDEMNITY

8. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

9. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that HXCMusic may establish general practices and limits concerning use of the Service, including without limitation the maximum number or size of email messages that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on HXCMusic's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that HXCMusic has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that HXCMusic reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that HXCMusic reserves the right to modify these general practices and limits from time to time.

10. MODIFICATIONS TO SERVICE

HXCMusic reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that HXCMusic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

11. TERMINATION

You agree that HXCMusic may, under certain circumstances and without prior notice, immediately terminate your HXCMusic account, any associated playlists and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) a request by you (self-initiated account deletions), (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your HXCMusic account may include (a) removal of access to all offerings within the Service, including but not limited to HXCMusic, Message Boards and other services provided, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in HXCMusic's sole discretion and that HXCMusic shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

12. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that HXCMusic shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

13. HXCMusic'S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by HXCMusic or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
HXCMusic grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by HXCMusic for use in accessing the Service.

14. DISCLAIMER OF WARRANTIES

We disclaim any responsibility for the deletion, the failure to store, or failed or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our Site. We disclaim any responsibility for any service outages that are caused by our maintenance on the servers or the technology that underlies our Site, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control.
WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL.
NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE, ANY CONTENT, OR ANY OF OUR SERVICES OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SITE AND THE ACCURACY, COMPLETENESS OR ACCESSIBILITY OF ITS CONTENT.
NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15. NOTICE

HXCMusic may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

16. TRADEMARK INFORMATION

The HXCMusic name and logo and related product and service names are trademarks of HXCMusic Search Inc.  Without HXCMusic's prior permission, you agree not to display or use in any manner the HXCMusic trademarks.

17.  Images/Material

18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

HXCMusic respects the intellectual property of others, and we ask our users to do the same.  Please see our copyright statement

19. VIOLATIONS

Please report any violations of the TOS immediately to webmaster@hxcmusic.com