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Statement
Of Terms & Conditions Of Use
HeartBeat Entertainment
BN97820439
® heartbeatentertainment.com.au
PUBLIC
NOTICE & TERMS & CONDITIONS OF USE STATEMENT
PLEASE READ ALL THESE TERMS AND CONDITIONS OF USE
BEFORE
USING THIS SITE!
www.heartbeatentertainment.com.au
HeartBeat
Entertainment Group ("heartbeatentertainment.com.au") maintains
this Site for your personal entertainment, information, education,
and communication. Please feel free to browse the Site; provided,
however, by accessing and browsing this Site, you acknowledge and
agree, without qualification or limitation, to be bound by these
terms and conditions of use (the "Terms"). If you do not agree to
the Terms, please do not use heartbeatentertainment.com.au.
We reserve the right, at our discretion, to change, alter, modify,
add, or remove any of the Terms at any time. Please check the Terms
periodically for changes. Your continued use of heartbeatentertainment.com.au
following a modification to the terms will signify your acceptance
of such modifications.
1. You can download materials from heartbeatentertainment.com.au
for your noncommercial, personal use, provided that you retain all
copyright and other proprietary notices on such materials. No material
from heartbeatentertainment.com.au ®, or any other site owned, operated,
licensed, or controlled by heartbeatentertainment.com.au ® may be
copied, reproduced, republished, posted, transmitted, or distributed
in any way, for public or commercial purposes. Use of the materials
for any other purpose is a violation of heartbeatentertainment.com.au's
© copyright and other proprietary rights.
2. You should assume that all information or materials you see or
read on heartbeatentertainment.com.au are © copyrighted unless otherwise
noted and, therefore, may not be used except as provided for in
these Terms or in the text of the Site without the written permission
of ® HeartBeat Entertainment . ® HeartBeat Entertainment, neither
represents nor warrants that your use of materials displayed on
the Site will not infringe upon the rights of third parties not
owned by or affiliated with heartbeatentertainment.com.au.
3. Images of people, places and things displayed on heartbeatentertainment.com.au
are either the property of, or used with permission by, ® HeartBeat
Entertainment Group. You are prohibited from using these images
unless such use is specifically permitted by these Terms or the
specific language of the Site. Any unauthorised use of these images
may violate copyright laws, trademark laws, the laws of privacy
and publicity, and communications regulations and statutes.
4. While ® HeartBeat Entertainment uses reasonable efforts to include
accurate and timely information on heartbeatentertainment.com.au,
® HeartBeat Entertainment, makes no representations or warranties
as to the accuracy of such information. ® HeartBeat Entertainment
& heartbeatentertainment.com.au assumes no liability or responsibility
for any errors or omissions in the content of the Site.
5. HeartBeat Entertainment ®, & heartbeatentertainment.com.au, is
pleased to hear from its guests and customers and welcomes your
comments regarding various heartbeatentertainment.com.au products
and services. We value your feedback and request that you be specific
in your comments on our products and services to insure that we
will be better able to serve you in the future.
Nevertheless, if you transmit any communications, materials, ideas,
suggestions, or submissions, including, but not limited to, creative
suggestions, ideas, notes, drawings, concepts, business proposals,
or other information (collectively, the "Communications"), the Communications
shall be deemed non-confidential and non-proprietary (even if you
mark them "confidential" or "proprietary"). Any such Communications
shall become the property of ® HeartBeat Entertainment - and may
be used for any purpose, including, but not limited to, reproduction,
disclosure, publication, broadcast and posting.
Furthermore,
heartbeatentertainment.com.au is free to use any ideas, concepts,
know-how, or techniques contained in any Communications you send
to the Site for any purpose whatsoever, including, but not limited
to, developing, manufacturing, and marketing commercial products
using or based upon such information, without compensation to the
provider of the Communications.
6. The
trademarks, logos, and service marks (collectively the "Trademarks")
displayed on heartbeatentertainment.com.au are ® registered and
unregistered Trademarks of HeartBeat Entertainment ® and others.
Nothing contained on the Site should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use
any Trademark displayed on the Site without the written permission
of HeartBeat Entertainment
®
or such third party that may own the Trademarks displayed on the
Site. Your use of the Trademarks displayed on the Site, or any other
content on the Site, except as provided in these Terms, is strictly
prohibited. You are also advised that HeartBeat Entertainment
® will
aggressively enforce its intellectual property rights to the fullest
extent of the law.
7. THE MATERIALS ON OR FROM heartbeatentertainment.com.au ARE PROVIDED
"AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HeartBeat
Entertainment ®
DISCLAIMS
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. Please note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions may not apply
to you. Check your local laws for any restrictions or limitations
regarding exclusions of implied warranties.
HeartBeat Entertainment
® does
not represent nor warrant that the functions contained in the materials
will be uninterrupted or error-free, that defects will be corrected,
or that this Site or the server that makes it available are free
of viruses or other harmful components. By use of heartbeatentertainment.com.au,
you assume the entire cost of all necessary servicing, repair, or
correction. HeartBeat Entertainment ® & heartbeatentertainment.com.au
assumes no responsibility, and shall not be liable for, any damages
to, or viruses that may infect, your computer equipment or other
property as a result of your access to, use of, or browsing in heartbeatentertainment.com.au
or your downloading of any information, materials, data, text, images,
video, or audio from the Site or receiving &/or monitoring any email
to or from the site.
8. Under no circumstances, including, but not limited to, negligence,
shall HeartBeat Entertainment ®,
or heartbeatentertainment.com.au be liable for any special or consequential
damages that result from the use of, or the inability to use, the
information or materials on or from this Site. In no event shall
HeartBeat Entertainment ®,
or heartbeatentertainment.com.au's total liability to you for all
damages, losses, and causes of action (whether in contract, tort
or otherwise) exceed the amount paid by you for accessing heartbeatentertainment.com.au.
9. You
hereby agree to indemnify, defend and hold HeartBeat Entertainment
®,
and heartbeatentertainment.com.au and its affiliated companies,
and all officers, directors, owners, agents, affiliates, licensers
and licensees (collectively, the "Indemnified Parties") harmless
from and against any and all liability and costs (including reasonable
attorneys' fees) incurred by the Indemnified Parties in connection
with any claim arising out of any breach of these Terms by you.
You shall use your best efforts to cooperate with HeartBeat Entertainment
®,
& heartbeatentertainment.com.au in the defense of any claim; provided,
however, that heartbeatentertainment.com.au reserves the right,
at its own expense, to assume the exclusive defense and control
of any matter otherwise subject to indemnification by you.
10. Unless otherwise specified herein, the information and materials
on heartbeatentertainment.com.au are presented solely for the purpose
of promoting products or services of HeartBeat Entertainment
®,
which are available in Australia, its territories, possessions,
and protectorates. This site is maintained and operated by HeartBeat
Entertainment
®
from its offices in Glenhaven, New South Wales, Australia.
HeartBeat Entertainment
® makes
no representation that the products or services promoted on heartbeatentertainment.com.au
are available in other locations. Those who choose to access this
site from other locations do so on their own initiative and are
responsible for compliance with local laws. No software from this
Site may be downloaded or otherwise exported or re-exported into
(or to a national or resident of) any countries that are subject
to Australian export restrictions. By downloading or using software
from this Site, you represent and warrant that you are not located
in, under the control of, or a national or resident of any country
that is subject to Australian export restrictions.
11. HeartBeat Entertainment
®
respects the privacy concerns of the users of heartbeatentertainment.com.au.
As a general policy, no personal information is automatically collected
from users of heartbeatentertainment.com.au. However, certain non-personal
information may be recorded by the standard operation of this Site,
for the purposes of aggregate statistical analysis and site customisation.
12. These terms are effective until terminated by either party.
You may terminate these terms at any time by destroying all materials
obtained from any and all heartbeatentertainment.com.au sites and
all related documentation and all copies thereof. These terms may
be terminated by HeartBeat Entertainment Group, in HeartBeat Entertainment
Group's sole discretion, at any time and with no notice thereof.
Upon notification of such termination, you must destroy all materials
obtained from this Site or any other HeartBeat Entertainment
® site(s) and all copies thereof, which shall include but
is not limited to heartbeatentertainment.com.au.
13. These Terms shall be governed by and construed in accordance
with the laws of the State of New South Wales, without giving effect
to any principles of conflicts of law. You agree that any action
at law or in equity arising out of or relating to these Terms shall
be filed only in the state or federal courts located in Sydney,
New South Wales. You hereby consent and submit to the personal jurisdiction
of such courts for the purposes of litigating any such action. If
any provision of these terms shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable
from these Terms and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement between
us relating to the subject matter herein and shall not be modified
except in a writing, signed by both parties.
14.
SPECIAL LICENSE RESTRICTIONS FOR NON-HUMAN VISITORS
14a.
Any Non-Human Visitors to this Website shall be considered
agents of the individual(s) who controls, authors or otherwise
makes use of them. The access rights granted to you under the
Terms of Service are non-transferable without the express
written permission of the owner of the Website.
14b.
Special restrictions on a visitor's license to access this
Website apply to Non-Human Visitors. Non-Human Visitors include,
but are not limited to, web spiders, bots, indexers, robots,
crawlers, harvesters, or any other computer programs designed to
access, read, compile or gather content from the Website
automatically.
14c. Email addresses on this site are considered
proprietary intellectual property. It is recognized that these
email addresses are provided for human visitors alone. You
acknowledge and agree that each email address the Website
contains has a value not less than US $500. You further agree
that the compilation, storage, and/or distribution of these
addresses substantially diminishes the value of these addresses.
Intentional collection, harvesting, gathering, and/or storing
this Website's email addresses is recognized as a violation of
this agreement and expressly prohibited.
APPLICABLE LAW AND JURISDICTION
14d. Each party agrees that any suit, action or proceeding
brought by such party against the other in connection with or
arising from the Terms of Service ("Judicial Action") shall be
governed by the law of the state of residence of the registered
Administrative Contact (the "Admin State") for the Website as
such laws are applied to agreements between Admin State
residents entered into and performed entirely within the Admin
State. You consent to the jurisdiction of federal and state
courts within the Admin State. You consent to the venue in any
action brought against him in connection with breaches of these
Terms of Service. You consent to electronic service of process
regarding actions under the above agreement.
RECORDS OF VISITOR USE AND ABUSE
14e. You consent to having your Internet Protocol address
recorded. WARNING - An email address may appear
immediately below (the "Identifier") if we suspect potential
abuse. The Identifier is uniquely matched to your Internet
Protocol address. Visitors agree not to use this address for any
reason.
The
Identifier is
14f. VISITORS AGREE THAT HARVESTING, GATHERING, STORING,
TRANSFERRING TO A THIRD PARTY OR SENDING ANY MESSAGE(S) TO THE
IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF
THESE TERMS OF SERVICE.
15. If you would like to write to HeartBeat Entertainment
®, please contact the Corporate Communications Officer at
PO Box
408
ROUND
CORNER NSW 2158
Australia
© 2000/2007 HeartBeat Entertainment
® HeartBeat Entertainment
® HeartBeat
Music ® HeartBeat Band
® heartbeatentertainment.com.au
PO Box 408 ROUND CORNER NSW Australia 2158
int'l +61 414 44 99 44
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