Hal Leonard eRetailer
Terms of Service
This Terms of Service Agreement (The "Agreement") is entered into between you (the "Merchant") and Hal Leonard Corporation, with software services provided by Mechanical Music Corporation, doing business as Pro-Active Websites. In this agreement, Hal Leonard and Pro-Active will be collectively referred to as ("Hal Leonard Showcase Website"). As of the date upon which the Merchant accepts the below terms by clicking to accept this Agreement, as noted and set forth herein defined within this Agreement.
The Merchant agrees to these terms and conditions that govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with any part of these terms and conditions, you must not set-up your Hal Leonard Showcase Website.
License to use website
Hal Leonard Showcase Website at it's own discretion may grant permission for a website under this agreement. You may sell the products on your Hal Leonard Showcase Website subject to the restrictions set out below and elsewhere in these terms and conditions of service.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Hal Leonard Showcase Website or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, or other malicious computer software.
- You must not conduct any systematic or automated data collection activities on or in relation to this website without Hal Leonard Showcase Website express written consent.
- You must not use this website or any part of it to transmit or send unsolicited commercial communications.
If Hal Leonard provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
Access to certain areas of this website may be restricted. Hal Leonard Showcase Website reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Hal Leonard Showcase Website may change or modify this policy at any time without notice.
Hal Leonard Showcase Website reserves the right to disable your user ID and password at for misuse at our sole discretion without notice or explanation.
In these terms and conditions, "your user content" means material (including text, images and audio-visual material) that you submit to this website for customization purposes.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Hal Leonard Showcase Website or a third party (in each case under any applicable law).
Hal Leonard Showcase Website reserves the right to edit or remove any material submitted to this website, or stored on the servers or published upon this website.
Hal Leonard Showcase Website does not undertake to monitor the submission of such content to, or the publication of such content on this website.
You grant to Hal Leonard Showcase Website a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Hal Leonard Showcase Website the right to sublicense these rights, and the right to bring an action for infringement of these rights.
This website is provided "as is" without any representations or warranties, express or implied. Hal Leonard Showcase Website makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Hal Leonard Showcase Website does not warrant that:
- This website will be constantly available, or available at all; or
the information on this website is complete, true, accurate or non-misleading.
- Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability
Hal Leonard Showcase Website and its partners will not be liable in any way (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
- These limitations of liability apply even if Hal Leonard Showcase Website has been expressly advised of the potential loss.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Hal Leonard Showcase Website has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Hal Leonard Showcase Website officers or employees in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Hal Leonard Showcase Website officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Hal Leonard Showcase Website and undertake to keep Hal Leonard Showcase indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Hal Leonard Showcase Website to a third party in settlement of a claim or dispute on the advice of Hal Leonard Showcase Website legal advisers) incurred or suffered by Hal Leonard Showcase Website arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to Hal Leonard Showcase Website other rights under these terms and conditions, if you breach these terms and conditions in any way, Hal Leonard Showcase Website may take such action as Hal Leonard Showcase Website deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website.
Hal Leonard Showcase Website may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Hal Leonard Showcase may sub-contract, transfer, or otherwise deal with Hal Leonard Showcase Website rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of ILLINOIS, USA, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Cook County, ILLINOIS, USA.
Execute this Terms of Service Agreement
By checking the box to execute this Agreement, the Merchant hereby agrees to all defined terms used in this Agreement and abide by the general policies of Hal Leonard Website, all which are expressly incorporated.
If you require any more information or have any questions about the Terms of Service please contact us at http://www.pro-activewebsites.com/contact.php or phone: 847-398-5444 x102.