PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SITE AND SERVICES.
If you want to use this Site, carefully read these Terms of Service, as they constitute a written agreement between you and Hello Music and they affect your legal rights and obligations. If you are under the age of majority, you may use the Site only with involvement of a parent or guardian who is a member in good standing of Hello Music.
Each time you access and/or use the Site (other than to simply read these Terms of Service), you agree to be bound by and comply with all of the terms of these Terms of Service and any Additional Terms (defined below). Therefore, do not use the Site if you do not agree to all of the terms of these Terms of Service and any Additional Terms.
The business realities associated with operating the Site are such that, without the limitations that are set forth in these Terms of Service -- such as your grants and waivers of rights, the limitations on our liability, your indemnity of us, and our arbitration of certain disputes - Hello Music would not make the Site available to you.
Summary of Key Terms
It's important that you read this entire Terms of Service; but, here are some of the more significant terms that we want to bring to your attention:
Table of Contents
4. Opening and Terminating Accounts. In order to access or use some (or potentially all) of the features on the Site, you must first register through our online registration process at http://www.hellomusic.com.
6. Procedure for Alleging Infringement of Other Intellectual Property. If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Site, then you may send us a written notice to the addresses set forth above that includes all of the following:
7. Customer Service.You may contact Hello Music Customer Support by sending an e-mail to firstname.lastname@example.org. You acknowledge that the provision of customer support is at Hello Music's sole discretion, and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time at our sole discretion provided that you have created an account and that you submit your customer support inquiries using such account.Customer service, if any, for third-party products or services sold on the Site, such as vintage musical equipment for which Hello Music is not the seller of record, is provided exclusively by the purveyor of those products and services. Should you have a problem with any third-party vendor from who you purchased goods or services through the Site, you may contact Hello Music and we will attempt to facilitate a resolution. However, as discussed in Section 13, the matter is solely between you and the third-party, and Hello Music is not ultimately responsible.
8. Status as Unauthorized Dealer. Hello Music's mission is to serve musicians with the best gear deal opportunities anywhere. Unless explicitly stated otherwise for specific products, brands or deals, Hello Music acts as a reseller of, and is itself NOT an authorized dealer of or manufacturers' representative for, the products it sells. In addition, the respective manufacturer(s) may not endorse this Site, and the manufacturer's warranty might be voided or otherwise not honored as a result of our resale to you. We also generally do not agree to certain stipulations that manufacturers may impose on their dealers, such as minimum advertised price requirements, as this allows us to better price deals for our member base.
11. Seller; Risk of Loss. Hello Music, LLC, is the seller of certain music-related items on the Site. All items purchased from the Hello Music site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
12. Links by You to the Site. We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any trademarked logos or graphics that are owned by or licensed to Hello Music, (b) the links and the content on your website do not suggest any affiliation with Hello Music or cause any other confusion, and (c) the links and the content on your website do not portray Hello Music or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to Hello Music. Hello Music reserves the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
15. Dispute Resolution. Certain portions of this Section 15 are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Hello Music agree that we intend that this Section 15 satisfies the "writing" requirement of the Federal Arbitration Act.
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE SITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY HELLO MUSIC (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF HELLO MUSIC.
Last updated: October 21, 2015