We can change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any Service feature, database, or content, without prior notice or liability. In addition, reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or to any part of the Service at any time for any reason without prior notice or liability.
We reserve the right to remove any material that you upload to the Service for any reason without prior notice to you and without liability to us. If/when the music you upload to our website shows low activity (plays, downloads and/or scoring), it will eventually be removed (without your notification) after a minimum of 6 weeks from the uploading of the music to our website. We also reserve the right to replace the artwork you submit with your upload with our default HouseCharts.Net logo, if we deem your image to be unprofessional.
Our goal is to ensure timely processing periods; however, we do not guarantee that your submission will be processed within the expected time-frame. We are not liable to you as a result of service outages that are caused by maintenance to our servers or the technology behind the Service, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, an act of God, war, civil disturbance or other cause beyond our reasonable control.
We agree to send you (i.e. the owner/user of the email address provided on our sign up form), and you ONLY, 65% royalties (after PayPal fees) for direct music sales from downloads (and downloads ONLY) when you opt to enable our website users to "Pay to Download" your music via HouseCharts.Net (and HouseCharts.Net ONLY, not 3rd party websites such as iTunes. Beatport, etc, which you opt for as an alternative). Such royalties will be paid via PayPal (and Paypal ONLY) and in order for you to receive such payments, you must have or set up your own PayPal account via www.paypal.com under the same email address you submitted on your HouseCharts.Net sign up form. If you do not have or set up a PayPal account using this email address, you will NOT be able to receive any of your royalties and HouseCharts.Net takes no responsibility/liability for this and offers no payment alternatives. Such 65% royalties are payable in December and June, for as long as your music remains downloadable via our website.
Besides these "Pay to Download via HouseCharts.Net" royalties to you ONLY, by submitting material to the Service, you represent and warrant that: HouseCharts.Net, our customers and licensees are not required to make any payments with respect to material that you submit to our websites, including, but not limited to, payments to you, third parties, music publishers, mechanical rights agents, performance rights societies, persons who contributed to or appear in your materials, your licensors, unions or guilds; You have full right and power to enter into and perform under these Terms
, and have secured all third-party consents, licenses and permissions necessary to enter into and perform under these Terms
You agree that you are at least 18 years of age and that the music that you upload to our website does not contain copyrighted "samples" of any third party's sound recording or musical composition (this excludes royalty free audio parts made available through licensed music software/production packs) without their written consent and/or your own payment to them or other documented arrangement with them to use the "samples", and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity, privacy or moral rights.
The music and artwork that you submit is not and will not violate any law, statute, ordinance or regulation. You also agree the material that you submit is not and will not be racially offensive, defamatory, trade libelous, pornographic or obscene. By submitting musical recordings and compositions, visual art or any other audio and/or audio-visual content to HouseCharts.Net, you grant us, our affiliates, and our business partners a worldwide, royalty-free, non-exclusive license to:
publicly play, display, broadcast, encode, edit, alter, modify, reproduce, transmit, manufacture, distribute and synchronize with visual images your material, in whole or in part, alone or in compilation with content provided by third parties, through any current or upcoming new medium devised for the purpose of demonstrating, promoting or distributing your material to users seeking to download or otherwise acquire it and/or storing the material in a remote database accessible by users;
Use any trademarks, service marks or trade names incorporated into your material and use the likeness of any individual whose performance or image is contained in your material;
Make your material accessible as audio and/or video streams.
Complaints of Copyright Infringement
If you believe that material you own has been copied and made accessible via our website in a way that infringes your intellectual property rights, please email email@example.com, ideally with some supporting evidence. If it can be demonstrated that you have a clear case, this material which has been uploaded to our website, of which you are issuing the complaint, will be removed from HouseCharts.Net and our social media sites.
Your Password and Subscription
You agree that the information you have provided about yourself, as requested in the Service's registration form, is true, accurate, current and complete, and that you will keep it up to date. You agree that you are responsible for maintaining the confidentiality of your subscription account and password. You must not reveal your subscription password to anyone else and you may not use anyone else's password. It is your responsibility to maintain the confidentiality of your subscription account and password. Unauthorized access to the Service is a breach of these Terms and a violation of the law.
Links to Third Party Websites
Our HouseCharts.Net website contains links to other websites that our business partners and other third parties own or operate. Your use of each of these sites is subject to the terms and conditions, if any, that each of these websites have posted. We do not have any control over third party websites and we cannot and will not be held responsible for anything that they do or display. The inclusion of any third party material on our website or a link on our website or social media sites to such third party material, is not an endorsement of that material or link or the companies that own or operate the material or linked websites.
In addition to HouseCharts.Net, certain material that you upload to our website may, at our sole discretion, also be made available to certain global partners. If we find that you have manipulated the data or statistics for certain materials, we reserve the right to remove the material from our website and any of our affiliates'. All materials published on the Service, including, but not limited to, photographs, graphics, images, illustrations, Flash animations and audio clips are protected by copyright. You must not alter, reproduce, publish, transmit, participate in the transfer or sale of, create new works from, distribute, perform, display or in any way exploit any of our website's materials or content in any shape or form.
Use of the Service is subject to existing laws and legalities, and nothing which has been disclosed will limit our right to comply with legal/governmental authorities' requests or requirements relating to your use of the Service, the information you provided or we gathered.
Legal Policies and Notes
You agree to hold the Service and all of our team, directors, owners, agents, information providers, affiliates and licensors (collectively, hereby referred to as the "Parties") harmless from any and all liability, losses, costs and expenses (including lawyer fees) incurred by any party in connection with any claim arising out of any use or alleged use of your account or password by any person, whether your authorized such person or not . You also agree to hold HouseCharts.Net and all our associates free from any claim arising out of the material that you submit to the Service, including, but not limited to, claims for defamation, violation of rights of publicity/privacy, copyright/trademark infringement and any claim or liability relating to the content and materials that you submit to the Service. We hold the right to conduct the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with us defending such claim.
The inclusion (or not) of any documents in our website does not imply any warranty or guarantee by us, for any companies, products, or services described in such documents. You agree we are not responsibility or liable for the document's content, it's completeness (or incompleteness), legality, reliability, operability or availability. We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We cannot be held responsible for any harm arising from downloading or accessing any information or material on the World Wide Web/Internet via search results from HouseCharts.Net.
We offer no warranty that the service will be uninterrupted or bug-free. We offer no guarantee as to the results to be obtained from using our website. We do not offer warranties in any form, either express of implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Service, any content or any products or services sold through the service. Our website and its content is distributed on an "as is, as available" basis. Any material downloaded or otherwise obtained via our website is done at your own discretion and risk, and you will be solely responsible for any potential damages to your computer or loss of data that results from the download of such material. You agree that you will bear the entire risk as to the quality and performance of the Service and the accuracy or completeness of its content. HouseCharts.Net is not liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Service, even if we have been advised of the possibility of such damages. We reserve the right to terminate the service at any time without notice.
If there is a dispute between the parties and the parties cannot reach agreement on the dispute within a further 10 Business days, then the dispute must be referred to an Independent Accountant for determination. The determination of the Independent Accountant is final and binding on the Parties. The costs of the Independent Accountant must be paid by the Parties as determined by the Independent Accountant. An Independent Accountant is a chartered Accountant or a firm of chartered Accountants Independent of the Parties agreed by the Parties or, failing agreement within 5 Business Days, an accountant or firm nominated by the President of the Institute of Chartered Accountants in Australia.
These Terms constitute the entire agreement between you and the Parties with respect to the Service, and supersedes all previous written or oral agreements. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability and that of our third party content providers and their respective agents shall be limited to the greatest extent permitted by law.