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General Legal Should you view the MidHits Web site and respond with information (excluding personal information, which is addressed under the Internet Privacy Policy) including questions, comments or suggestions regarding the content of the MidHits Web site, such information shall be deemed to be non-confidential and MidHits shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. MidHits shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
MidHits MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OF ANY NATURE REGARDING THE INFORMATION OR THE PRODUCT TO WHICH THE INFORMATION REFERS. The information on this Web site may include typographical inaccuracies.
Under no circumstances will MidHits be liable to any person or business entity for any direct, indirect, special, incidental, consequential or other damages based on any use of this Web site or any other Web site to which the MidHits Web site is linked, including, without limitation, any lost profits, business interruption, or loss of programs or information, even if MidHits has been specifically advised of the possibility of such damages. Privacy and use of information The information that you provide in connection with the MidHits Listener Point Service may be used for Service Provider's internal purposes and to send you information about Service Provider's and Sponsor's products, but will not be provided to third parties, except as necessary for the administration of the Service (i.e. to the Sponsors to send Prizes) or as required by law or legal process. Any entrant who does not wish Service Provider and/or Sponsor to send information to the entrant about its products should not participate in the Service. Entry constitutes permission to post users' names on our Website and to use winner's name, hometown and/or likeness for purposes of advertising and promotion without further compensation unless prohibited by law. By participating in the Service, you agree that we may collect and use personal information about you that you provide to us in accordance with our Privacy Statement. By using the Service, you agree to be bound by the terms of our Privacy Statement.
The Service contains information, facts and opinions from various sources. The service are provided on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied Warranties of merchantability or fitness for a particular purpose, other than those warranties which are imposed by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. Neither Coincide Media nor its affiliates endorse or are responsible for the accuracy or reliability of any opinion, advice or statement on the Service. Fraud Fraud or abuse relating to the accrual of Points or redemption of MidHits Listener Points for Prizes may result in forfeiture of accrued points as well as the termination of your account. You are solely responsible for any fraudulent use of your Points that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. IT WILL BE CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO SHARE WITH OTHER MEMBERS INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR PRIZES. IT IS CONSIDERED FRAUDULENT AND A VIOLATION OF THESE TERMS AND CONDITIONS FOR ANY MEMBER TO REDEEM MidHits LISTENERS POINTS OR OTHER INFORMATION THAT CAN BE REDEEMED FOR POINTS AND/OR PRIZES THAT WAS RECEIVED FROM OTHER MEMBERS. ANY MEMBER SHARING IN THIS MANNER OR REDEEMING INFORMATION SHARED IN THIS MANNER WILL HAVE THEIR ACCOUNT DELETED AND WILL NOT BE AWARDED ANY PRIZES. You are solely responsible for any fraudulent use of your Points that could occur due to the theft of or sharing of your password. The Service is provided to individual users who are natural persons for their own personal use. It will be considered fraudulent and a violation of these terms and conditions for any individual or company to direct, encourage, or allow individuals to use a single account for the purpose of accumulating points for company use. Limitation of liability, indemnity and release Your use of the Service is at your own risk. NEITHER MidHits, INC NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE AND THE INFORMATION AVAILABLE ON THE SERVICE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST MidHits, INC. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE AND THE INFORMATION AVAILABLE THEREON. You accept all responsibility for, and hereby indemnify and hold us harmless from and against, any actions taken by any user authorized to use your account, including, but not limited to, accrual of points, redemption of points, and disclosure of passwords to third parties. By using the Service, you release us, our subsidiaries, and affiliates from any and all liability regarding the redemption of points, use of Prizes, or other participation in the Service. Internet If for any reason this Service is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Service Providers which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Service , the Service Providers reserve the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Service. The Service Providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. The Service Provider is not responsible for any problems or technical malfunctions of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by the Service Provider due to technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participating in this Service or downloading any materials in this Service. SPONSORS ARE NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR'S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY. NOTE: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON/S RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity or eligibility of a winner based on an email address, the winning entry will be declared made by the "Authorized Account Holder" of the email address submitted at time of entry. "Authorized Account Holder" is defined as the person 18 years of age or older who is assigned to an email address by an Internet access provider, on-line service provider, or other organization (e.g. business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Use of automated devices are not valid for entry.
Violation of the Terms You understand and agree that in our sole discretion, and without prior notice, we may remove points from your account as a penalty, terminate your access to the website, and/or deactivate or delete your membership account if we determine that you have violated our Terms and Conditions. Indemnity You agree to indemnify and hold us, our parent company(s), subsidiaries, affiliates, officers, agents, representatives, Sponsors and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website, including, without limitation, any information or content or keywords you post to the site or any interference with the operation of the site. Intellectual Property The materials used and displayed on the Service, including, but not limited to, text, software, photographs, graphics, illustrations and artwork, music, video and sound, and names, logos and trademarks, are the property of MidHits, INC. or its affiliates or licensors and are protected by copyright, trademark and other laws. Any such content may be displayed solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of MidHits, INC. or the appropriate affiliate. Disputes These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Minnesota. All applicable federal, state, and local laws and regulations apply. The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms and Conditions is found to be invalid or unenforceable, these Terms and Conditions shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. Service Providers and their affiliates, representatives, agents, directors, officers, shareholders and employees are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, inaccurate, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond their control; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, delivery or failure to timely deliver, possession, or use of the prize, or from participation in the Service; or (vi) any printing or typographical errors in any materials associated with the Service. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e. costs associated with particpating in the Service), and participant further waives all rights to have damages multiplied or increased. Under no circumstances shall we be liable to you or any third party for any indirect, incidental, consequential, special or exemplary damages, even if advised of the possibility of such damages, arising from the use of or inability to use the service or any other provision of these terms and conditions. Agreement By participating in the Service, participants agree to release, discharge and hold harmless Service Providers and their affiliates, representatives, agents, directors, officers, shareholders and employees from any and all liability from any injures, losses, or damages of any kind arising from or in connection with the Service. If, in Service Providers' sole opinions, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Service, or if technical difficulties compromise the integrity of the Service, Service Providers reserve the right to terminate the Service, disqualify any individual who has tampered with Service and conduct a random drawing to award the prize using all eligible entries received as of termination date. Any attempt to deliberately hamper the operation of this Service is unlawful and subject to legal action by Service Providers and/or their agents. By using this Service, entrants and Prize Winners: (1) agree to be bound by these rules; (2) agree to release Service Providers, and their respective parent companies, and their employees, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, and related entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Service, or the acceptance, possession, use or misuse of any prize, and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) consent to the use of their names, voices, pictures, and likenesses for advertising and promotional purposes in any medium throughout the world in perpetuity without additional compensation unless prohibited by law. Service Provider may discontinue the Service at any time. Service Providers may terminate any Service or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Service's security and fairness. Service Providers may prohibit individuals from participating in Service and disqualify entries if they (1) attempt to enter the Service through any means other than as described in these Rules, (2) attempt to disrupt the Service or circumvent the terms and conditions of these Rules in any way or (3) repeatedly show a disregard for the Service Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other entrant or Service Providers. Service Providers' decisions with respect to the Service are final.
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