Web Site
www.heartbeatentertainment.com.au
Terms & Conditions of Use Statement

Statement Of Terms & Conditions Of Use

 

HeartBeat Entertainment's decorative logo

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

HOME