Updated: Tuesday, October 25, 2011 - 2.00 p.m.
The buyer excepts all points below as conditions of sale:
ACCEPTANCE OF TERMS.
Hit Trax reserves the right to update the TOU at any time without notice
to you. The most current version of the TOU can be reviewed by clicking
DESCRIPTION OF SERVICES.
network of Web properties, Hit Trax provides you with access to a variety
of resources, including developer tools, download areas, communication forums
and product information (collectively "Services"). The Services, including
any updates, enhancements, new features, and/or the addition of any new
Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
specified, the Services are for your personal and non-commercial use. You
may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy
Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE.
that is made available to download from the Services ("Software") is the
copyrighted work of Hit Trax and/or its suppliers. Use of the Software is
governed by the terms of the end user license agreement, if any, which accompanies
or is included with the Software ("License Agreement"). An end user will
be unable to install any Software that is accompanied by or includes a License
Agreement, unless he or she first agrees to the License Agreement terms.
is made available for download solely for use by end users according to
the License Agreement. Any reproduction or redistribution of the Software
not in accordance with the License Agreement is expressly prohibited by
law, and may result in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible.
THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER
OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED,
UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE
LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.
EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, HIT TRAX HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE,
HIT TRAX MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS,
TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. HIT TRAX DOES NOT MAKE ANY ASSURANCES
WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH
USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY
RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE
SERVICES OR IN HIT TRAX OR THIRD PARTY SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE.
to use Documents (such as white papers, press releases, data sheets and FAQ's)
from the Services is granted, provided that (1) the below copyright notice
appears in all copies and that both the copyright notice and this permission
notice appear, (2) use of such Documents from the Services is for informational
and non-commercial or personal use only and will not be copied or posted
on any network computer or broadcast in any media, and (3) no modifications
of any Documents are made. Accredited educational institutions, such as
universities, private and public colleges, and state community colleges,
may download and reproduce the Documents for distribution in the classroom.
Distribution outside the classroom requires express written permission.
Use for any other purpose is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will be prosecuted to
the maximum extent possible.
specified above do not include the design or layout of the hittrax.com.au, midi.com.au Web sites or any other Hit Trax owned, operated, licensed or controlled web
site. Elements of Hit Trax Web sites are protected by trade dress, trademark,
unfair competition, and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from any Hit Trax Web
site may be copied or retransmitted unless expressly permitted by Hit Trax.
HIT TRAX AND/OR
ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF
THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED
AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HIT TRAX AND/OR
ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL HIT TRAX AND/OR ITS RESPECTIVE
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER
IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT
OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE
FROM THE SERVICES.
AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Hit Trax AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT
SHALL HIT TRAX AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE
OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR INFORMATION AVAILABLE FROM THE SERVICES.
ACCURACY OF SONG FILES
HIT TRAX PROGRAMMERS RESERVE THE RIGHT TO ALLOW FOR UP TO 15% VARIANCE IN ACCURACY OF THE SONG FILES. IN SECTIONS CONTAINING AN INSTRUMENTAL SOLO OR LEAD BREAK, HIT TRAX PROGRAMMERS RESERVE THE RIGHT TO ALLOW FOR UP TO 30% VARIANCE IN ACCURACY OF THE NOTES PERFORMED BY THE ORIGINAL ARTIST IN AN INSTRUMENTAL SOLO OR LEAD BREAK. HIT TRAX WILL NOT REFUND OR EXCHANGE A SONG FILE WHERE THIS CONDITION EXISTS.
LIVE BACKING TRACKS:
THE PRODUCER OF 'LIVE BAND BACKING TRACKS' INCLUDE THE INFORMATION THAT THIS RANGE OF BACKING TRACKS MAY HAVE 'BACKING VOCALS'. HIT TRAX CANNOT VERIFY THE INCLUSION OF BACKING VOCALS IN THIS RANGE, THEREFORE THESE ITEMS ARE SOLD ON THE BASIS THAT BACKING VOCALS MAY NOT EXIS, EVEN WHERE STATED AS EXISTING. BUYER PURCHASES THESE ITEMS WITH THE KNOWLEDGE THAT BACKING VOCALS MAY NOT BE ON THE PARTICULAR PURCHASES THE BUYER MAKES AND AGREES TO MAKE NO CLAIM FOR EXCHANGE OR REFUND. HIT TRAX WILL UPDATE THE LISTING WHERE WE BECOME AWARE ASONG FILE IS LISTED AS HAVING BACKING VOCALSAND THOSE BACKING VOCALS DO NOT EXIST. FURTHER TO THIS, BACKING VOCALS ARE NOT INCLUDED IN A SONG FILE WHERE THE ORIGINAL RECORDING DID NOT HAVE BACKING VOCALS IN THE FIRST INSTANCE.
DEMONSTRATION FILES (demo song files)
DEMONSTRATION SONG FILES (DEMOS) ARE AVAILABLE ON THE WEBSITE. THE PURPOSE OF THE DEMOS IS TO GIVE THE BUYER PRIOR OPPORTUNITY TO LISTEN TO A SECTION OF THE SONG FILE . IN INSTANCES WHERE A DEMO DOES NOT EXIST, OR WHERE THE DEMO WILL NOT PLAY, OR THE DEMO IS NOT SUFFICIENT, THE BUYER SHOULD CONTACT HIT TRAX THROUGH THE CUSTOMER SERVICE/SUPPORT SECTION ON THE WEB SITE PRIOR TO MAKING PAYMENT.
DEMO FILES ARE RECORDED USING MIDI SOUNDS, SAMPLES OR A MIXTURE OF BOTH. THIS PROCESS IS REQUIRED TO ENSURE DEMO'S PLAY ON MOST COMPUTERS AND PLATFORMS. THE BUYER SHOULD BE AWARE THAT DEMO'S CAN SOUND DIFFERENT TO THE MIDI FILE AS A MIDI FILE IS LIMITED TO THE QUALITY, LIMITATIONS AND SOUND PATCHES REPRODUCED BY THE MIDI DEVICE PLAYING BACK THE MIDI FILE.
SOFTWARE PLAYERS SUCH AS WINAMP, VANBASCO AND SIMILAR SOFTWARE THAT USES THE MIDI CAPABILITIES OF A SIMPLE COMPUTER SOUND CHIP WILL NEVER REPRODUCE GOOD QUALITY PLAYBACK. THE CAPABILITY SIMPLY ISN'T THERE IN THE SOFWARE NOR THE 50 CENT SOUND CHIP FOUND IN MOST COMPUTERS.
WHERE THE BUYER REQUIRES THE BACKING TRACK TO SOUND EXACTLY LIKE THE DEMO. THE ONLY OPTION IS TO PURCHASE THE MP3 VERSION.
THE BUYER THEREFORE, ACKNOWLEGES THIS CONDITION OF SALE AND ACCEPTS THAT NO CLAIM FOR REFUND OR EXCHANGE WILL BE LODGED TO HIT TRAX, OR THROUGH A PAYMENT GATE SUCH AS PAYPAL, ANZ EGATE, VISA, MASTERCARD AND AMERICAN EXPRESS ON THE BASIS THAT THE QUALITY OF THE ITEMS DO NOT MEET THEIR EXPECTATIONS OR STANDARDS.
MIDI FILE FORMATS
& PLAYING MIDI FILES ON YOUR DEVICE
HIT TRAX MIDI FILES ARE CREATED AND FORMATTED TO 'GENERAL MIDI' SPECIFICATION FORMAT 0 (merged). HIT TRAX MIDI FILES CAN BE CONVERTED TO GENERAL MIDI FORMAT 1 (split channels) USING THE FREE (PC & MAC) 'MIDI FILE FORMAT CONVERTERS' AVAILABLE ON THE DOWNLOADS PAGE ON THIS WEBSITE. MIDI FILES ARE PURCHASED IN THE KNOWLEDGE THAT THE FORMAT BUYER RECEIVES IN MERGED FORMAT 0.
THE PLAYBACK DEVICE MUST BE 'GENERAL MIDI' LEVEL 1 COMPATIBLE IN ACCORDANCE WITH GENERAL MIDI SPECIFICATIONS. HIT TRAX MIDIFILES WILL 'LOAD & PLAY' ON ANY GENERAL MIDI EQUIPPED DEVICE, COMPUTER AND SOFTWARE. CONTACT CUSTOMER SUPPORT IF YOU ARE UNSURE.
MP3 BACKING TRACKS - RECORDING PROCESS AND INSTRUMENTATION
MP3 BACKING TRACKS ARE AUDIO SONGS MINUS VOCALS. INSTRUMENTATION IS RECORDED USING SAMPLED INSTRUMENTS AND/OR HIGH QUALITY MIDI SOUND SOURCES. SELECT THIS FORMAT TO PLAY BACKING TRACKS ON ANY MP3 PALYER, IPAD/IPOD/IPHONE, ITUNES, WINDOWS MEDIA PLAYER AND SIMILAR PROGRAMS, AND ANY DEVICE DEDICATED TO PLAYING A STANDARD AUDIO FILE.
LIVE BAND BACKING TRACKS WITH BACKING VOCALS
THIS PARTICULAR RANGE IS RECORDED USING MAINLY LIVE INSTRUMENTS AND INCLUDE BACKING VOCALS. THIS RANGE IS CLEARLY IDENTIFIED UNDER EACH SONG TITLE AND ARE ONLY AVAILABLE AS MP3 FILES. MOST SONGS HAVE AN ARRANGED ENDING AND SOME SONGS END WITH A 'FADE OUT'. ALL SONGS ARE CLEARLY IDENTIFIED AS HAVING AN 'ARRANGED ENDING' OR 'FADES OUT'.
THE PRODUCER OF 'LIVE BAND BACKING TRACKS' INCLUDE THE INFORMATION THAT THIS RANGE OF BACKING TRACKS MAY HAVE 'BACKING VOCALS'. HIT TRAX CANNOT VERIFY THE INCLUSION OF BACKING VOCALS IN THIS RANGE, THEREFORE THESE ITEMS ARE SOLD ON THE BASIS THAT BACKING VOCALS MAY NOT EXITS, EVEN WHERE STATED AS EXISTING. BUYER PURCHASES THESE ITEMS WITH THE KNOWLEDGE THAT BACKING VOCALS MAY NOT BE ON THE PARTICULAR PURCHASES THE BUYER MAKES AND AGREES TO MAKE NO CLAIM FOR EXCHANGE OR REFUND. HIT TRAX WILL UPDATE THE LISTING WHERE WE BECOME AWARE A SONG FILE IS LISTED AS HAVING BACKING VOCALS AND THOSE BACKING VOCALS DO NOT EXIST. FURTHER TO THIS, BACKING VOCALS ARE NOT INCLUDED IN A SONG FILE WHERE THE ORIGINAL RECORDING DID NOT HAVE BACKING VOCALS IN THE FIRST INSTANCE.
MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of
the Services requires you to open an account, you must complete the registration
process by providing us with current, complete and accurate information
as prompted by the applicable registration form. You also will choose a
password and a user name. You are entirely responsible for maintaining the
confidentiality of your password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your account. You
agree to notify Hit Trax immediately of any unauthorized use of your account
or any other breach of security. Hit Trax will not be liable for any loss
that you may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held liable
for losses incurred by Hit Trax or another party due to someone else using
your account or password. You may not use anyone else's account at any time,
without the permission of the account holder.
REFUNDS,RETURNS & REPAIRS FOR ALL PRODUCTS
1: MIDI FILES & MP3 FILES
Except for 'exceptions and remedies' shown below, Hit Trax will not issue a refund on MIDI File and MP3 backing tracks when the song files have been downloaded. A pop up box appears before making the first purchase advising the buyer of the format he/she has chosen with appropriate recommendations. If the buyer has chosen the wrong format, the buyer can exit the pop up box and select the correct format. The ordering system will remember the correct format from that point.
Every song has a demonstration file allowing the buyer to listen to the song before purchase. There are also two (2) opportunities along the purchase path to remove any incorrect or unwanted selections; (i) by clicking the 'X' box next to the 'ordered' button and, (ii) at the pre-checkout area by clicking the 'remove' button.
Exceptions and remedies:
1: Where the song file fails to play.
* Hit Trax will fix the fault and res end a working song file within 2 working days.
2: Where the song title is different from the actual song
* Hit Trax will swap the incorrect song for the correct song within 2 working days.
2: ALL OTHER NON SONG FILE PRODUCTS including, but not limited to MERISH, X-LIGHT, OKYWEB etc.
Any refund will be for the price of the goods only and only where a return authorization has been assigned to the item and where the items home trial period (7 days) has not expired. Hit Trax will refund the purchase price only, in Australian dollars, equivalent to the Australian dollar value on the day of sale. Hit Trax is not liable to refund monies where the currency exchange rate has varied from the rate available on the day of purchase. Freight, packing and insurance costs, both ways, is non-refundable to the buyer. The buyer shall not initiate a charge back through their bank, card provider, Pay pal or any other payment gate without first contacting Hit Trax and arranging return of goods and agreed refund amount with a Hit Trax customer service team member. A Return Authorization number will be assigned. No item will be accepted for a refund without a Hit Trax Authorization number. Damaged goods, including inclusions, inner and outer box and packing cartons will incur a reduced refund as these items can no longer be sold as new. Care should be taken on receiving goods to ensure all items, boxes and inner/outer packaging are kept in as new condition until you have decided to keep the goods. Hit Trax reserves the right to deem the amount of a refund where goods arrive in a condition that renders them un-saleable as a new or used item.
3: SHIPPING/INSURANCE FEES FOR EXCHANGE OR REPAIR
Freight, packing and insurance costs, both ways, are non-refundable and the full responsibility of the buyer. The exception being Hit Trax will cover the cost of return shipping where a repair is deemed the fault of the manufacturer. The buyer will have no claim for shipping/insurance costs other than as specified in this clause.
PRINT LYRICS, TRACK SHEETS, MELODY GUIDE,
HARMONY VOCAL GUIDE
& EMBEDDED LYRICS
Lyric/Track Sheets (in a separate .txt file), Melody Lines (melody guide and harmony melody guide) and Embedded Lyrics (lyrics embedded in a MIDI File eg: karaoke scrolling lyrics) - hereafter referred to as 'Guides' are included solely at the programmers discretion. The inclusion of 'Guides' does not form part of the sale price. While every effort is made to ensure accuracy in a song listing, Hit Trax programmers will not be held responsible or liable for any errors or omissions, including but not limited to, the inclusion or accuracy of 'Guides' and information on the website indicating availability of 'Guides'. Under no circumstances will a refund or exchange be made on the inclusion or non inclusion or the accuracy of 'Guides'. In circumstances where it is incorrectly shown 'Guides' exist, Hit Trax will update the listing to reflect the correct status. Therefore, Hit Trax assumes the buyer does not rely on the inclusion of a 'Guides' when making the purchase. Refer to the following information as a non binding guideline.
The orange buttons under the artist name have the following functions. If the orange button does not appear, then the inclusion is not in the the song file.
* LYR .. view and print song lyrics
* INFO .. view details about the artist and view arrangement when song is a medley
* MIDI KAR .. This song may include embedded scrolling lyrics
* MIDI MELODY .. The MIDI File version may include a removable melody line
* YOU TUBE .. A You Tube video to this song title may be available for viewing
NO UNLAWFUL OR PROHIBITED USE.
As a condition
of your use of the Services, you will not use the Services for any purpose
that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any Hit Trax server, or the network(s) connected to any Hit Trax
server, or interfere with any other party's use and enjoyment of any Services.
You may not attempt to gain unauthorized access to any Services, other accounts,
computer systems or networks connected to any Hit Trax server or to any of
the Services, through hacking, password mining or any other means. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available through the Services.
USE OF SERVICES
may contain e-mail services, bulletin board services, chat areas, news groups,
forums, communities, personal web pages, calendars, photo albums, file cabinets
and/or other message or communication facilities designed to enable you
to communicate with others (each a "Communication Service" and collectively
"Communication Services"). You agree to use the Communication Services only
to post, send and receive messages and material that are proper and, when
applicable, related to the particular Communication Service. By way of example,
and not as a limitation, you agree that when using the Communication Services,
you will not:
Communication Services in connection with surveys, contests, pyramid
schemes, chain letters, junk e-mail, spamming or any duplicative or
unsolicited messages (commercial or otherwise).
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
post, upload, distribute or disseminate any inappropriate, profane,
defamatory, obscene, indecent or unlawful topic, name, material or
or otherwise make available, files that contain images, photographs,
software or other material protected by intellectual property laws,
including, by way of example, and not as limitation, copyright or
trademark laws (or by rights of privacy or publicity) unless you own
or control the rights thereto or have received all necessary consent
to do the same.
any material or information, including images or photographs, which
are made available through the Services in any manner that infringes
any copyright, trademark, patent, trade secret, or other proprietary
right of any party.
files that contain viruses, Trojan horses, worms, time bombs, cancelbots,
corrupted files, or any other similar software or programs that may
damage the operation of another's computer or property of another.
or offer to sell or buy any goods or services for any business purpose,
unless such Communication Services specifically allows such messages.
any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally reproduced, displayed,
performed, and/or distributed in such manner.
or delete any copyright management information, such as author attributions,
legal or other proper notices or proprietary designations or labels
of the origin or source of software or other material contained in
a file that is uploaded.
or inhibit any other user from using and enjoying the Communication
any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
or otherwise collect information about others, including e-mail addresses.
any applicable laws or regulations.
a false identity for the purpose of misleading others.
download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the Services or other
user or usage information or any portion thereof.
Hit Trax has
no obligation to monitor the Communication Services. However, Hit Trax reserves
the right to review materials posted to the Communication Services and to
remove any materials in its sole discretion. Hit Trax reserves the right
to terminate your access to any or all of the Communication Services at
any time, without notice, for any reason whatsoever.
Hit Trax reserves
the right at all times to disclose any information as Hit Trax deems necessary
to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials,
in whole or in part, in Hit Trax's sole discretion.
caution when giving out any personally identifiable information about yourself
or your children in any Communication Services. Hit Trax does not control
or endorse the content, messages or information found in any Communication
Services and, therefore, Hit Trax specifically disclaims any liability with
regard to the Communication Services and any actions resulting from your
participation in any Communication Services. Managers and hosts are not
authorized Hit Trax spokespersons, and their views do not necessarily reflect
those of Hit Trax.
uploaded to the Communication Services may be subject to posted limitations
on usage, reproduction and/or dissemination; you are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO HIT TRAX OR POSTED AT ANY HIT TRAX WEB SITE.
Hit Trax does
not claim ownership of the materials you provide to Hit Trax (including feedback
and suggestions) or post, upload, input or submit to any Services or its
associated services for review by the general public, or by the members
of any public or private community, (each a "Submission" and collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting Hit Trax, its affiliated
companies and necessary sub licensees permission to use your Submission in
connection with the operation of their Internet businesses (including, without
limitation, all Hit Trax Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; to publish your
name in connection with your Submission; and the right to sublicense such
rights to any supplier of the Services.
will be paid with respect to the use of your Submission, as provided herein.
Hit Trax is under no obligation to post or use any Submission you may provide
and Hit Trax may remove any Submission at any time in its sole discretion.
a Submission you warrant and represent that you own or otherwise control
including, without limitation, all the rights necessary for you to provide,
post, upload, input or submit the Submissions.
to the warranty and representation set forth above, by Posting a Submission
that contain images, photographs, pictures or that are otherwise graphical
in whole or in part ("Images"), you warrant and represent that (a) you are
the copyright owner of such Images, or that the copyright owner of such
Images has granted you permission to use such Images or any content and/or
images contained in such Images consistent with the manner and purpose of
(b) you have the rights necessary to grant the licenses and sublicenses
Images, if any, has provided consent to the use of the Images as set forth
the distribution, public display and reproduction of such Images. By Posting
Images, you are granting (a) to all members of your private community (for
each such Images available to members of such private community), and/or
(b) to the general public (for each such Images available anywhere on the
Services, other than a private community), permission to use your Images
the Services, (including, by way of example, and not as a limitation, making
prints and gift items which include such Images), and including, without
limitation, a non-exclusive, world-wide, royalty-free license to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Images without having your name attached to
such Images, and the right to sublicense such rights to any supplier of
the Services. The licenses granted in the preceding sentences for a Images
will terminate at the time you completely remove such Images from the Services,
provided that, such termination shall not affect any licenses granted in
connection with such Images prior to the time you completely remove such
Images. No compensation will be paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
of claimed copyright infringement should be sent
to the director. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL NOT RECEIVE A RESPONSE.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING
INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS
REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS
OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH
must be submitted to the following Designated Agent:
J & A Ialuna Pty Ltd
Name of Agent Designated to Receive Notification of Claimed Infringement:
John M Ialuna
Address of Designated Agent to send Notification:
PO Box 6090 Vermont South 3133 VIC, Australia
Telephone Number of Designated Agent: (+613) 9887 8127
Facsimile Number of Designated Agent: (+613) 9887 8127
E-mail Contact of Designated Agent: Contact Hit Trax
effective, the Notification must include the following:
1. A physical
or electronic signature of a person authorised to act on behalf of the owner
of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed,
or if multiple copyrighted works at a single online site are covered by
a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or access
to which is to be disabled, and information reasonably sufficient to permit
the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact
the Complaining Party, such as an address, telephone number, and if available,
an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use
of the material in the manner complained of is not authorised by the copyright
owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and
under penalty of perjury, that the Complaining Party is authorised to act
on behalf of the owner of an exclusive right that is allegedly infringed.
receipt of the written Notification containing the information as outlined
in 1 through 6 above:
Provider shall remove or disable access to the material that is alleged
to be infringing;
2. Service Provider shall forward the written notification to such alleged
3. Service Provider shall take reasonable steps to promptly notify the Subscriber
that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication
provided to the Service Provider's Designated Agent that includes substantially
1. A physical
or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access
has been disabled and the location at which the material appeared before
it was removed or access to it was disabled;
3. A statement under penalty of perjury that the Subscriber has a good faith
belief that the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled;
4. The Subscriber's name, address, and telephone number, and a statement
that the Subscriber consents to the jurisdiction of Federal District Court
for the judicial district in which the address is located, or if the Subscriber's
address is outside of the United States, for any judicial district in which
the Service Provider may be found, and that the Subscriber will accept service
of process from the person who provided notification or an agent of such
receipt of a Counter Notification containing the information as outlined
in 1 through 4 above:
Provider shall promptly provide the Complaining Party with a copy of the
2. Service Provider shall inform the Complaining Party that it will replace
the removed material or cease disabling access to it within ten (10) business
3. Service Provider shall replace the removed material or cease disabling
access to the material within ten (10) to fourteen (14) business days following
receipt of the Counter Notification, provided Service Provider's Designated
Agent has not received notice from the Complaining Party that an action
has been filed seeking a court order to restrain Subscriber from engaging
in infringing activity relating to the material on Service Provider's network
LINKS TO THIRD PARTY SITES.
IN THIS AREA WILL LET YOU LEAVE HIT TRAX'S SITE. THE LINKED SITES ARE NOT
UNDER THE CONTROL OF HIT TRAX AND HIT TRAX IS NOT RESPONSIBLE FOR THE CONTENTS
OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES
OR UPDATES TO SUCH SITES. HIT TRAX IS NOT RESPONSIBLE FOR WEBCASTING OR ANY
OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. HIT TRAX IS PROVIDING
THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK
DOES NOT IMPLY ENDORSEMENT OR RECOMMENDATION BY HIT TRAX OF THE SITE. HIT TRAX IS INDEMNIFIED OF ANY LIABILITY FROM LINKS TO THIRD PARTY WEB SITES GENERATED FROM OUR WEN SITE.
UNSOLICITED IDEA SUBMISSION POLICY.
HIT TRAX OR
ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING
IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, MIDI FILES, MP3 BACKING
TRACKS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS
OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK,
SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID
POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN HIT TRAX PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO HIT TRAX. PLEASE DO NOT
SEND YOUR UNSOLICITED IDEAS TO HIT TRAX OR ANYONE AT HIT TRAX. IF, DESPITE
OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND
THEM, PLEASE UNDERSTAND THAT HIT TRAX MAKES NO ASSURANCES THAT YOUR IDEAS
AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
YOUTUBE VIEWING AND ACCEPTANCE .
YOUTUBE VIDEOS ARE PROVIDED FOR VIEWING ENJOYMENT ONLY. HIT TRAX AND YOUTUBE ARE NOT ASSOCIATED IN ANY WAY. HIT TRAX ACCEPTS NO LIABILITY WHATSOEVER FOR THE ACCURACY OR CONTENT OF ANY YOUTUBE VIDEO DISPLAYED ON OUR WEBSITES. THE PRESENCE OF A YOUTUBE VIDEO DOES NOT IMPLY OUR VERSION OF THE BACKING TRACK ASSOCIATED WITH THE YOUTUBE VIDEO IS IDENTICAL. ALL HIT TRAX SONG TITLES ARE 'BACKING TRACKS' AND NOT THE ORIGINAL SONG. HIT TRAX HAS NO AFFILIATION WITH THE ORIGINAL ARTIST. THE BUYER SHOULD NEVER EXPECT ANY BACKING TRACK PURCHASED FROM OUR WEBSITES TO SOUND AND REPLAY AS SHOWN ON ANY YOUTUBE VIDEO. IF YOU FIND A YOUTUBE VIDEO THAT IS OFFENSIVE OR IRRELEVENT TO THE LISTED SONG TITLE CONTACT CUSTOMER SERVICE AND REPORT THE VIDEO.
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