HDGIANTS, Inc. Terms of Service
HDGIANTS, Inc.
HDGIANTS Network Service
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND HDGIANTS, INC. ("HDGIANTS") STATING THE TERMS THAT GOVERN YOUR USE OF THE HDGIANTS NETWORK MUSIC MANAGEMENT SOFTWARE, DOWNLOAD STORE, HDGIANTS WEBSITE, AND RELATED SERVICE (COLLECTIVELY THE "HDGIANTS NETWORK SERVICE" or "SERVICE"). THIS AGREEMENT-TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF HDGIANTS' RULES AND POLICIES-COLLECTIVELY CONSTITUTE THE AGREEMENT ("AGREEMENT") BETWEEN YOU AND HDGIANTS. TO AGREE TO THESE TERMS, CLICK "AGREE". IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE HDGIANTS NETWORK SERVICE. IF YOU USE ANY PART OF THE HDGIANTS NETWORK SERVICE, BY THAT USE, YOU ARE AGREEING TO THE TERMS OF THIS AGREEMENT. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND, IN ADDITION TO OTHER REMEDIES, HDGIANTS MAY REFUSE ACCESS TO THE HDGIANTS NETWORK SOFTWARE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the "HDGIANTS Network Service" and "Products". HDGIANTS, Inc., a Nevada corporation is the provider of the HDGIANTS Network Service that manages your music collection and permits you to purchase downloads of digital content ("Products") encoded using a full-resolution or "lossless" codec, such as Microsoft Corporation's Windows Media Audio Codec-Lossless ("WMA-Lossless"), under certain terms and conditions as set forth in this Agreement. Our Products are files of recordings that are downloaded to and stored on the hard drive of your computer and may be played as often as you like on the same personal computer to which they are downloaded, may be copied onto a CD, and may be transferred to other digital devices, all in conformance with the rules applicable to each Product when it is purchased. Our Products may be purchased individually, collectively as albums, or, in some cases, only in the form of an album. However, as addressed more fully below, each purchase of a Product shall be deemed a final, nonrefundable sale. Because the record companies that have authorized HDGIANTS to sell Products have different rules concerning how their recordings may be used, your ability to transfer or make copies ("burns") of Products may vary, depending on the rights that the respective companies controlling rights in the Products have granted to HDGIANTS. Presently, Products may be transferred only to portable digital devices supporting the Windows Media Audio Lossless format (please check to confirm "Lossless" support, even if the devices says its support WMA). Further, there is no assurance that Products will be compatible with any particular compact disc burner, or that any compact discs that are burned will function properly.
2. System Requirements. Use of the Service requires a compatible device, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. Do not use the Service unless you have high speed Internet access. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
3. Policies and Rules. Your use of the Service and purchases made through it are subject to HDGIANTS' Sales Policies, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. Additionally, except as otherwise expressly provided for in this Agreement, the Service is subject to the HDGIANTS Network Software User License Agreement which is expressly made part of this Agreement.
4. HDGIANTS' Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to HDGIANTS' Privacy Policy, which is expressly made a part of this Agreement. If you have not already read HDGIANTS' Privacy Policy, please do so now.
5. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data and Account Information as required to keep it accurate, current, and complete. HDGIANTS may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that HDGIANTS may store and use the Registration Data and Account Information you provide (including credit card information, even if we state we are not storing your credit card information) for use in maintaining your accounts and billing fees to your credit card.
6. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and agree to the terms and conditions in this Agreement. If you are under 13 years of age, do not use the Service. If you are a parent or legal guardian of a child under 13 years of age, do not permit your child to use the Service. By permitting your child under 13 years of age to use the Service, you are agreeing that that child's use of the Service shall be subject to the terms and conditions in this Agreement as amended from time to time.
7. Objectionable Material. You understand that by using the Service, you and/or your children may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that HDGIANTS shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
8. User Account and Security.
a. Account and Password. As a registered user of the Service, you may receive or establish an account and sub accounts (individually and collectively referred to as "Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify HDGIANTS of any unauthorized use of your Account or any other breach of security. HDGIANTS shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service, and Products purchased through the Service, include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by HDGIANTS and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by HDGIANTS for compliance purposes, and HDGIANTS reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by HDGIANTS for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
9. Purchase of Content from HDGIANTS.
a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and HDGIANTS shall be without liability to you in the event of any loss, destruction, or damage.
b. Use of Products. You acknowledge that Products contain security technology that limits your usage of Products to the following Usage Rules, and you agree to use Products in compliance with such Usage Rules.
Usage Rules.
Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
You shall be authorized to use the Products only for personal, noncommercial use.
You shall be authorized to burn a playlist up to seven times.
You shall be able to store Products from up to five different Accounts on certain registered portable devices, at a time.
Any burning or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any content, sound recording, underlying musical composition, or artwork embodied in any Product.
You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
You shall be authorized to use the Products on five HDGIANTS-registered devices at any time.
You shall be entitled to export, burn or copy Products, subject to usage restrictions imposed by our licensors, solely for personal, noncommercial use.
The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
c. You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. HDGIANTS reserves the right to modify the Usage Rules at any time.
d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of HDGIANTS. Accordingly, in the event that HDGIANTS changes any part of the Service or discontinues the Service, which HDGIANTS may do at its election, at any time, with or without notice to you, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that HDGIANTS shall have no liability to you in such case.
e. The Service may offer interactive features that allow you to, among things, submit or post information and materials on areas of the Service accessible and viewable by other users of the Service and the public. You agree that any use by you of such features shall be your sole responsibility, shall not infringe or violate the right of any other, contribute to or encourage unlawful conduct, or otherwise be obscene, objectionable or in poor taste. Moreover, you hereby grant HDGIANTS a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.
f. HDGIANTS reserves the right not to post or publish materials, and to delete, remove or edit any material, at any time in its sole discretion without liability.
g. ALL SALES ARE FINAL. We will NOT issue refunds.
10. Territory. The Service is currently available only in the United States, and is not available in any other location. You agree not to use or attempt to use the Service from outside of the available territory, and that HDGIANTS may use technologies to verify your compliance.
11. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase through the Service, and that HDGIANTS may charge your credit card for any Products purchased, and for any additional amounts (including any taxes, as applicable) as may be accrued (collectively "Fees") by or in connection with your Account. YOU AGREE TO TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING HDGIANTS WITH A VALID CREDIT CARD FOR PAYMENT OF ALL FEES. YOU HEREBY AUTHORIZE HDGIANTS, INC. TO BILL THE CREDIT CARD YOU PROVIDE US FOR ALL FEES ACCRUED OR INCURRED FROM USE OF THE SERVICE. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card information online at the Add Funds screen in the My Account section of the Service. (There may be a temporary disruption of your access to the Service until HDGIANTS can verify the validity of the new credit card information.)
b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO WHEN USING OUR SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d. Required Hardware and Software. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
12. Delivery of Products. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by HDGIANTS.
13. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, audio clips, and editorial content, contains proprietary information and material that is owned by HDGIANTS and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b. Removal of HDGIANTS Content or Other Materials. Notwithstanding any other provision of this Agreement, HDGIANTS and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will HDGIANTS be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. HDGIANTS may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c. Copyrights. All copyrights in and to the Service, including but not limited to, the HDGIANTS Network (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software,