Terms of service
PLEASE READ CAREFULLY. THIS "hector-corcin.com SERVICE TERMS OF USE " ("AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER ("YOU" AND "YOUR") AND HECTOR CORCIN ("HC," "WE," "US," OR "OUR"). BY CLICKING THE "I AGREE" BUTTON OR BY USING ANY SERVICES, WHETHER FOR A FEE OR FOR FREE, AND WHETHER ON A PERMANENT OR TRIAL BASIS, YOU ARE INDICATING THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS, AND THAT YOU ARE OVER THE AGE OF EIGHTEEN. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF THE HC SERVICE(S) THAT YOU HAVE SELECTED, AND YOUR USE OF AND ACCESS TO ANY SERVICE PROVIDED BY HC. AS USED HEREIN, "SERVICES" INCLUDES ANY PURCHASED DOWNLOADS OR ANY OTHER SERVICES PROVIDED BY HC. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU SHOULD CLICK "I DO NOT AGREE" AND STOP THE PURCHASE OR REGISTRATION PROCESS.
When we refer to the "use" of the Services in this Agreement, we mean any actual or attempted access or use of the Service, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the other terms of use applicable to other HC owned or controlled web sites and any other policies, rules and provisions which are described, linked or otherwise referred to and form a part of this Agreement, including, without limitation our Privacy Policy constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations or agreements regarding the Service.
1. ENROLLMENT IN THE SERVICE
HC currently provides the Service downloading media in a DRM-free file format. The Service consists in a online store website where you are granted specified download rights to HC music in DRM-free media files. In order to use the Service, you must obtain access to the Internet and pay the corresponding fees for each file. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to download and listen to and/or view the media files. To use the Service, you must complete the registration process located on our web site during the purchase or by registering at http://hector-corcin.com/user/register
2. TRACK DOWNLOADS
(a) purchasing and use
By purchasing the songs you have the ability to download copies of certain songs to your computer in the file format you have specified in the checkout. After payment is received, the files will be available to download from your account page. You will also receive an e-mail with a download link for the songs you have purchased.
Regardless of the use of the word "purchase," and except as set forth in the following paragraph, all tracks offered for download are offered for license, not purchase or sale, and are subject to this Agreement and any other license terms and conditions applicable to the track. All licenses to download are personal to the customer. Your request to "purchase" a track by downloading is personal to you, and the track may not be used, sold, rented, transferred, licensed or otherwise provided to any other user. License to downloaded tracks include only those rights explicitly stated in the Service (typically, the right to play back for your own personal use from your personal computer, CD player, digital player, or other personal consumer electronic device), and, for the avoidance of doubt, do not include the right to create a derivative work, to make copies other than for your own personal use, or to use the track in any commercial manner.
All tracks purchased from HC, regardless of format, can be downloaded twice, the second one acting as a backup file for you. HC will not replace or allow re-downloading of lost or damaged music files once the 2 downloads are completed. For this reason, we recommend that you also backup your HC purchased music to CD or external hard drive for personal use.
(b) No Warranties
WITHOUT LIMITING ANY PROVISION HEREIN, HC MAKES NO WARRANTY THAT ANY PARTICULAR PLAYER, PORTABLE DEVICE, OR OTHER HARDWARE WILL BE COMPATIBLE WITH HC'S FILES. IT IS YOUR SOLE RESPONSIBILITY TO ENSURE THAT YOUR RECORDING AND PLAYBACK SYSTEM(S) WILL FUNCTION CORRECTLY.
(c) Refunds
You can ask for refunds if you have not downloaded the files you purchased.
3. TERMINATION
(a) Termination By You
To cancel your account, please contact HC by using the contact form provided in the website. All your information will be deleted permanently from our databases.
(b) Termination By Us
You agree that HC, in its sole discretion, with or without prior notice, may freeze or terminate your user name, password for any reason, including, without limitation, if HC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. HC may also in its sole discretion and at any time modify or discontinue providing any Service, or any part thereof, with or without notice. Further, you agree that HC shall not be liable to you or any third-party for any interference with or termination of your access to the Service.
5. YOUR ACCOUNT INFORMATION
(a) True and Complete
You agree to provide true, accurate, current and complete information about yourself and your billing information as prompted by the checkout process (such information being the "Account Information").
(b) Updating Your Account Information
You may update any of your Account Information, change e-mail address or personal data by selecting "Edit" from the "My Account" menu page.
(c) Our Use of Account Information
We shall treat all of your Account Information with the utmost respect for its confidential nature, and in accordance with our Privacy Policy, which is expressly incorporated herein by reference.
(d) Stolen Account Information Your Responsibility
You are solely and entirely responsible for maintaining the confidentiality of your password, and for any and all activities that occur under your account. If you believe someone has accessed any Service using your user name and password without your authorization, it is your responsibility to set up a new password by updating your account information.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Only you may access the Service using your account, unless otherwise agreed to in writing by HC. The content available through the Service is the property of HC and is protected by copyright and other intellectual property laws. Content received through the Service may be viewed, used and played for your personal, non-commercial use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, perform, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content for commercial or noncommercial purposes without the express prior written consent of HC.
6.2 You acknowledge that HC retains exclusive ownership of the Service and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and HC reserves all rights not expressly granted hereunder. You shall promptly notify HC in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or HC's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
7. TECHNOLOGY LIMITATIONS AND MODIFICATIONS TO SERVICE
HC will make reasonable efforts to keep your account and the Service(s) operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. We will make reasonable efforts to notify you at least twenty-four (24) hours in advance of any downtime that we anticipate in advance will exceed one hour.
HC also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Service(s) with or without notice. Due to contractual or other limitations, from time to time, some tracks available may no longer be available. HC reserves the right to change or remove the tracks and albums available at any time.
HC shall not be liable to you or to any third party for any of the direct or indirect consequences of any modification, malfunction, suspension, discontinuance of or interruption to or of any of the Service(s).
8. MODIFICATION OF SUBSCRIPTION AGREEMENT
HC may modify this Agreement at any time in its sole discretion. If we make a material change to the this Agreement, a "change of terms" notice will be posted and we will use reasonable efforts to notify you by email at the email address on file for your account. If any modification is unacceptable to you, you agree that your only recourse is to terminate your account. Your continued use of any Service following our posting of a change of terms notice, an email notice to you, will constitute your binding acceptance of the change.
9. INDEMNIFICATION
You agree to indemnify and hold HC and its parents, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to, or arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.
10. GENERAL
No delay or failure to take action under this Agreement shall constitute any waiver by HC of any provision of this Agreement.
If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will bind and inure to the benefit of each party's permitted successors and assigns. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. This Agreement (including all documents expressly incorporated herein by reference) constitutes the complete and exclusive agreement between HC and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
