Terms and Conditions applicable to the Harder Blogger Faster website
These are the applicable terms relating to your use of this site (“the site”).
Variations:. You acknowledge that Harder Blogger Faster reserves the right to make variations or modifications to these terms at any time at its sole discretion and it is your responsibility to check these terms periodically for such variations. Your only remedy is to stop using the site. Please read these terms carefully.
Use of Service.
- You acknowledge that the audio, visual and audio-visual material of the Site (“the Content”) Content is protected by intellectual property rights and agree that you will only use the Content in accordance with the provisions of this agreement
- You will not permit any of the Content to be reproduced, modified, or publicly performed other than in accordance with this agreement.
- The Content is for your own personal use, and not for commercial use
- Burning, exportation and copying of Content is not permitted by you.
- You agree that you will not attempt (either alone or with others) to circumvent the navigational structure of the Site, or otherwise tamper with the Content and if Harder Blogger Faster becomes aware of any such activity they reserve the right to ban you from the Site
- You agree that you will not use the Site or the Content for any illegal activity or for any purpose that infringes the rights of Harder Blogger Faster or any third parties
- You will not take any action that imposes a disproportionate strain on the site
- You are responsible for ensuring that you have compatible software to use the Site. Harder Blogger Faster accepts no liability in relation to this
- You accept that some of the Content may contain lyrics that may be explicit, or may be otherwise potentially offensive and you agree that you will not hold Harder Blogger Faster liable in relation to that for any losses whatsoever
- Harder Blogger Faster takes reasonable steps to ensure the accuracy of the Content and information made available on the Site. However neither its officers, employees, contractors or content providers assume any responsibility for the accuracy, correctness, relevance, completeness or currency of the information or other Content on the Site.
- In some parts of the Site where music will be made available for streaming and critique by users you may send your contributions and we welcome these. However, notwithstanding anything else contained in these Terms and Conditions, when you do so you must:(i) ensure that there is nothing in your contribution which is or might be regarded as harassing, threatening, abusive, vulgar, obscene, defamatory, racist or otherwise unlawful;
(ii) agree that Harder Blogger Faster may broadcast your contribution on the Site worldwide and that it may be accessed but not downloaded by other visitors; and
(iii) waive all so-called moral rights (or other similar rights) in relation to your contributions.
You acknowledge that by posting, uploading or sending any materials to us you thereby grant us and an perpetual, royalty free, worldwide non exclusive licence to use such material(s) (both recording and underlying composition) or any part of it both within the Site for streaming purposes only.
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgement by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out of or in connection with:
(i) any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
(ii) any claim by any third party that the use of the Site by you infringes that third party’s copyright or other intellectual property rights of whatever nature (including without limitation uncleared samples or plagiarism); and
(iii) any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you.
In addition to the above, you agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Site which are brought or threatened against us by any other person/company including without limitation for performance royalties. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Site by you. You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Site, you shall pursue such right, claim or action independently of, and without recourse to us. You warrant that you are not a member of MCPS/PRS nor will you be during your use of the Site. You warrant that any music uploaded by you is not a cover version.
COPYRIGHT INFORMATION/INTELLECTUAL PROPERTY RIGHTS
Copyright. Harder Blogger Faster (and its licensors) are the owner of the copyright in the Content and your usage is strictly in accordance with this agreement. You agree to observe the applicable copyright laws and to ensure that the copyright marks are preserved and are not tampered with.
Harder Blogger Faster and its licensors are the owners of the copyright in the Site including without limitation, the trade marks, visual interfaces, artistic images (including photographs), and computer code and is the licensee of the musical content. You agree not to infringe these rights in any way and only to access the Content by legitimate means. If you breach this provision then you may be subject to both civil and criminal penalties. If Harder Blogger Faster suspects that you are in breach then you may be barred from the Site.
Access to the whole or part of the Content may be suspend or denied by Harder Blogger Faster in its absolute discretion without notification to you.
Harder Blogger Faster may incorporate links to third party websites. However Harder Blogger Faster cannot be held liable for the actions of the third party sites, or any of their content. The onus of responsibility is with you when you use these sites and Harder Blogger Faster excludes liability for any losses so caused.
- Use of the Site is at your sole risk. The service is provided “as is” and without any warranty from by Harder Blogger Faster, its employees, suppliers, licensors, or other business partners whether express or implied by law. This does not affect your statutory rights
- Harder Blogger Faster cannot accept any liability in relation to any loss caused to you by through viruses, hacking, corruption, or other interference
- No oral information given by anyone purportedly on behalf of Harder Blogger Faster shall in any way create a warranty
- It is your responsibility to ensure that any particular device is compatible with the Site and you should make your own inquiries
- No liability is accepted in relation to consequential damages for loss of profits, interruption to your business or alike