This website (www.hmimusic.com) is offered to you by HMI Music Services LLC, doing business as HMI Radio A 520 Blue Hill Ave, Milton, MA 02186.
1. Acceptance of Terms of Use
By accessing or using this website you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this website. If you do NOT agree to all of these terms of use, you should NOT access or use this website.
2. Modification of Terms
These terms of use may be amended by HMI Music Services LLC at any time. Such amended terms of use shall be effective upon posting. By continuing to access or use the website after such posting, you will be deemed to have accepted such amendments. You are advised to regular review any applicable terms and conditions. Other HMI Music Services LLC websites or platforms may have their own terms of use which apply to such website or platform.
HMI Music Services LLC reserves the right to discontinue or make changes or updates with respect to the website or the content of the website at any time without notice. HMI Music Services LLC reserves the right to restrict, refuse or terminate access of any person to the website or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
3. Privacy Policy and Cookies
Personal information provided or collected through or in connection with this website shall only be used in accordance with HMI Music Services LLC’s Privacy Policy and these terms of use are subject to the Privacy Policy as posted on this website.
4. Disclaimers
All content (including, without limitation, text, images, graphics, links and other materials) on the website is provided “as is” and “as available”. HMI Music Services LLC and its subsidiaries, affiliates, partners, licensors and suppliers hereby expressly disclaim any representations and warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this website, the content. Neither HMI Music Services LLC nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representation that (a) the website will meet your requirements, (b) the website will be uninterrupted, timely, secure, or error free or virus free or (c) the results that may be obtained from the use of the website (including any information and materials on this website) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
This is a public website. You should have no expectation of confidentiality with respect to any content you may submit on this website other than as stated in the Privacy Policy. Do not submit confidential information here.
5. Contributors
You shall be solely responsible for your own content and the consequences of submitted the content to HMI Music Services LLC.
6. Limitation of Liability
HMI Music Services LLC nor its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruption or omissions in internet, network or hosting services and do not warrant that the website or the services which make this website available or electronic communications sent by HMI Music Services LLC are free from viruses or any other harmful elements. In no event shall HMI Music Services LLC or any of its subsidiaries, affiliates, partners, licensors or suppliers be liable for any direct, indirect, consequential, punitive, special or incidental or other damages resulting from, arising out of or in connection with the access, use of, or inability to access or use this website, the content, even if HMI Music Services LLC has been advised of the possibility of such damages except to the extent such damages arise directly and solely from wilful misconduct or gross negligence on the part of HMI Music Services LLC.
If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers or warranties in clause 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.
7. Third Party Content / Software
HMI Music Services LLC is not responsible and cannot be held responsible for the content of any site owned by a third party that may be linked to the website via hyperlink, whether or not such hyperlink is provided by the website or by a third party in accordance with the terms of use. Any link on our website to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the website may link, and we take no responsibility therefor.
The website may contain links to other sites and these links are provided “as is”. HMI Music Services LLC is not responsible for these sites and assumes no responsibility or liability for these sites and the content published thereon. You should carefully review the terms of use and privacy policy as well as other conditions of use of these third party sites.
8. Copyrights and Trademarks
Copyright and all other proprietary rights in content provided by HMI Music Services LLC, its affiliates, subsidiaries, partners or suppliers, the software to operate and publish the website, the design, layout, look, appearance and graphics, all belong to HMI Music Services LLC and/or its affiliates, subsidiaries, partners or suppliers. All rights in the content not expressly granted herein are reserved.
9. Proprietary Rights in the Website
This website is public by nature and any information submitted on it shall be deemed non-confidential other than personal data submitted by you to us as set forth in the Privacy Policy. You acknowledge that any submitting of any inventions embodied in any content provided by you shall constitute a “publication” of such invention under applicable patent laws. You acknowledge that any content submitted or discussed on the website may be the subject of patents, copyrights, trademarks and other intellectual property rights of HMI Music Services LLC, its subsidiaries, affiliates, partners or suppliers. If you consider exploiting any ideas, proposals, suggestions or solutions or other content submitted to the website, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.
10. Indemnity
You agree to indemnify and hold HMI Music Services LLC, its officers, directors, shareholders, successors in interest, employees, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against HMI Music Services LLC by any third party due to or arising out of or in connection with your use of the website.
11. Dispute Resolution
These terms of use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts. You agree to the exclusive jurisdiction of the courts in Boston, Massachusetts, for any disputes, claims or cause of action arising out of or in connection with these terms of use or your use of this website.
12. Miscellaneous
If any provision of these terms of use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. No failure on the part of HMI Music Services LLC to enforce any part of these terms of use shall be constitute a waiver of any of HMI Music Services LLC’s rights under these terms of use and only a specific, written waiver signed by an authorized representative of HMI Music Services LLC shall have any legal effect whatsoever.
13. HMI Radio A
I hereby grant to HMI Radio A the absolute and irrevocable right and unrestricted permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any photos, audio or video recordings, digital images, digital recordings, and the like, I submit to HMI Radio A or its affiliates through any technology (including but not limited to SMS/text messaging via cell phones or the internet). I agree that HMI Radio A has complete ownership of such material and has the right, but not the obligation, to use said material for any purpose in perpetuity. These uses include, but are not limited to, films, videos, publications, advertisements, news releases, websites, and any promotional materials in any medium. I hereby waive any right to inspect or approve the video recording(s), audio recording(s), soundtrack(s), photograph(s), digital or printed matter that may be used in conjunction therewith or to the eventual use that it might be applied. I acknowledge that I will not receive any compensation for the use of such images, video, likeness, etc. I represent and warrant that any photo or video submitted will not include the image or likeness of any child under the age of eighteen (18).
I HEREBY RELEASE AND DISCHARGE HMI Radio A, ITS DIRECT OR INDIRECT SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR AGENTS, REPRESENTATIVES AND ASSIGNEES FROM ANY AND ALL CLAIMS AND DEMANDS THAT I MAY HAVE OR THAT MAY LATER ACCRUE TO ME ARISING OUT OF OR IN CONNECTION WITH ANY PHOTO OR VIDEO I SUBMIT TO HMI Radio A. THIS WAIVER AND RELEASE COVERS, WITHOUT LIMITATION, ANY LOSSES WHATSOEVER, WHETHER DUE TO THE ACTIVE OR PASSIVE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY LOSSES FOR PERSONAL INJURIES; DEATH; DAMAGE TO, LOSS OF, OR DESTRUCTION OF PROPERTY; LOSS OF ENJOYMENT; THE USE OF MY TESTIMONIALS, OPINIONS, NAME, LIKENESS, IMAGE, VOICE AND/OR APPEARANCE, INCLUDING ANY AND ALL CLAIMS FOR INVASION OF PRIVACY, RIGHT OF PUBLICITY, MISAPPROPRIATION OR MISUSE OF IMAGE, AND/OR DEFAMATION OR PORTRAYAL IN A FALSE LIGHT; OR ANY OTHER HARM WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH (A) MY SUBMISSION OF ANY PHOTO OR VIDEO AND/OR (B) ANY LOSSES RELATING TO THE EXERCISE OF THE RIGHTS GRANTED HEREIN. I HEREBY EXPRESSLY WAIVE THE PROVISIONS OF ANY FEDERAL, STATE, OR LOCAL LAW PROVIDING IN SUBSTANCE THAT RELEASES SHALL NOT EXTEND TO LOSSES THAT ARE UNKNOWN OR UNSUSPECTED TO EXIST AT THE TIME TO ME.
I represent that I am over the age of eighteen (18) years and that I have read the foregoing and fully understand its contents. This release shall be binding upon me, my heirs, legal representatives, and assigns.
