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Wednesday, 10 March 2010
 
 

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Terms of Service
Article Index
Terms of Service
Privacy Statement
Service Level Agreement
Disc Jockey Agreement
Radio Station Agreement
Indie Artist Agreement
Label/PSA Agreement
Promoter Agreement

TERMS OF SERVICE


HeirChex Digital Servicing is a digital audio servicing company. Using state of the art technology in digital audio servicing, archived digital audio, digital interviews, and much more, our interest is in offering you, the customer, the best services available at an affordable and competitive rate.
Based in Rochester, NY, HeirChex Digital Servicing is a wholly owned division of HeirChex LLC and owned and operated by:
  • President, CMO -  Samme Palermo - Over 30 years of multi-faceted radio experience. Disc Jockey, Program Director, Music Director, and Ordained Minister.

  • Vice President, CIO, Treasurer - Aaron Monello - Computer science major and Web Designer with over 20 years of computer and internet experience.

  • Secretary, Project Management - Erik Nielsen - Project manager and consultant.

  • General Legal Counsel - Sharon Dimuro




Site Usage Acceptance:

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Service"). If you do not agree to these Terms of Service please do not use this site. HeirChex reserves the right, at our discretion, to update or revise these Terms of Service. Please check these Terms periodically for changes. We will make every attempt to contact you via your email address you provided when you signed up to let you know when these Terms of Service have changed. Your continued use of this site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Account Settings:
HeirChex has established an account for all members. This account is enabled for legitimate use of the services provided by HeirChex. The account settings, timeouts, duration as well as any other settings are controlled by HeirChex and are changed at the sole discretion of HeirChex according to the terms of the membership section set forth in this document. Currently the settings are as follows: Timeouts are set at 15 minutes of inactivity, downloads are limited to 2 per current singles and no limit for archive singles.

Membership Details:
HeirChex offers membership based access to the site for downloading of copyright material. All members will have to sign and notarize forms verifying their professional status including but not necessarily limited to one of the following: professional radio personality, promoter, artist, or label. Other professions may be considered at the sole discretion of HeirChex. Length of membership varies according to dues paid. Dues are time based according to the prices set forth on the website. Prices may change at the sole discretion of HeirChex.

Copyrighted Materials:
HeirChex, as part of a membership, offers material that is copyrighted. HeirChex will perform every possible precaution in protecting the copyright of the submitting artist, label, promoter, etc. Member agrees to take all responsibility for downloaded material that is copyrighted. This material is strictly for professional use and HeirChex is not responsible for any misuse of copyrighted material. By agreeing to this Terms of Service, member agrees to not hold HeirChex responsible for any copyright infringement.


Procedure For Making Claims of Copyright Infringement:
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, notify us immediately by emailing This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .


Third Party Sites:
This site may produce automated search results, or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of HeirChex, and you acknowledge that HeirChex is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of these links do not imply endorsement of the site by HeirChex or any association with its operators.

Server Abuse:
Any attempts to undermine or cause harm to the HeirChex server is strictly prohibited. Attempting to hack, insert code, upload malicious code, or bypass code is prohibited. HeirChex will work with appropriate authorities as well as pursue legal action to the fullest extent for all abuse. HeirChex may ban, suspend or remove accounts at their sole discretion.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. HeirChex reserves the right to remove any account without prior notice. If HeirChex deactivates your account(s) for violating policy, you will forfeit your rights to a refund at the sole discretion of HeirChex. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation. Seriousness of offense is judged based on the sole discretion of HeirChex.


DISCLAIMER OF WARRANTIES:
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("CONTENT") ARE PROVIDED "AS IS" AND/OR "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HEIRCHEX DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK WITH YOUR STATE AND LOCAL LAWS FOR ANY EXCLUSIONS.

LIMITATION OF LIABILITY:

UNDER NO CIRCUMSTANCES SHALL HEIRCHEX BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE UNLESS OTHERWISE NOTED IN OTHER AREAS OF THIS DOCUMENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HEIRCHEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HEIRCHEX'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MEMBER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS HCX FROM AND AGAINST ALL CLAIMS, COSTS, LIABILITIES, JUDGMENTS, EXPENSES AND DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY BREACH OF ANY REPRESENTATION OR WARRANTY SET FORTH BY HCX OR ANY MEMBER.




 
 
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