HULLARIOUS PRODUCTIONS, LLC WEBSITE
TERMS AND CONDITIONS
Hullarious Productions, LLC ("Hullarious") offers the Use (as defined below) of this website, subject to the following terms and conditions ("Terms and Conditions"). The viewer or user (collectively, "User") should read these Terms and Conditions carefully before using this website. By continuing to view and use this website, the User agrees to these Terms and Conditions. If the User does not agree to the Terms and Conditions set forth herein or otherwise on the website, the User must not use it. Hullarious retains the right to change the content of the website or these Terms and Conditions at any time. Any changes made to these Terms and Conditions shall be effective immediately upon posting. The User's continued use of the website constitutes acceptance of those changes.
Further, the User hereby agrees that his utilization of any product or service of Hullarious, including, without limitation, the purchase of any CD, MP3 or other sound recording, shall also be subject to the terms and conditions set forth below, as applicable, whether or not a sale is made through the website.
The situating of this website on the World Wide Web and/or Internet constitutes a continuing offer by Hullarious to the User to use, as such term is defined below, the website according to the Terms and Conditions. By utilizing the website in any manner, including, without limitation, by viewing the same (collectively, a "Use"), the User accepts that offer and creates a binding contract between the two parties to adhere to the same. The parties stipulate that sufficient consideration exists to create that contract, and that it is therefore binding upon them. Further, by its Use of this website, the User makes the material representation upon which he wishes Hullarious to rely that he will adhere to the Terms and Conditions in connection with User's Use of the website. If User is dissatisfied with any of the Terms and Conditions, User's sole and exclusive remedy is to discontinue using this website. Finally, by his Use of this website, the User also stipulates that a violation of any of the Terms and Conditions will result in irreparable harm to Hullarious not compensable in money damages, such that, without limitation, injunctive relief shall be a necessary and appropriate remedy.
This website contains images and contents, including but not limited to music, lyrics, images, photographs, website text, software, pictures, graphics, data, messages or any and all other information controlled by the website (collectively, "Materials").
General Disclaimer. Nothing contained on this website should be construed either to create a duty of care or to constitute a representation by Hullarious of any sort to be relied upon by User in any manner whatsoever. Hullarious takes no responsibility for the information contained on any website to which this one may be linked, as the same is completely independent of this website.
Access to Website - Limited License. Hullarious grants the User a limited non-exclusive license to make personal Use of the website and not to download (other than page caching) or modify any portion of the website without Hullarious's prior written approval. The User is also granted a limited license to print copies of any Materials posted at the website, but only for User's personal use. Except as expressly provided, all rights are reserved. Commercial use of any of the Material is strictly prohibited. Hullarious may terminate this license at any time by amendment of these Terms and Conditions.
User Conduct. By utilizing this website, the User makes the material representation upon which the User wishes Hullarious to reasonably rely, that he will comply with the code of conduct set forth below:
(a) The User, when utilizing the website, will not do so in an unauthorized manner, or in a manner which violates any legal or regulatory proscription or duty, including, without limitation, violating Hullarious's Intellectual Property, as defined below, or that of another;
(b) The User will not utilize this website in a manner that is harmful to Hullarious or any other person or entity;
(c) The User will not utilize any information that the User gained as a result of using this website to illegally or improperly violate another person's or entity's privacy rights;
(d) The User shall not utilize any of Hullarious's trademarks as metatags on other websites.
(e) The User shall not use any robot, spider or other intelligent agent software or device to access or monitor the website in any manner.
(f) The User shall not access this website more than ten (10) times a day.
(g) The User will not restrict any other visitor from properly using the website, including without limitation, by way of "computer hacking" or otherwise altering the software or functionality of the website and its underlying programs;
(h) The User will not imply that any of his statements are endorsed by Hullarious, or that User is otherwise associated with Hullarious in any manner
(i) The User will not transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, indecent, obscene, pornographic or otherwise objectionable;
(j) The User will not transmit any material, non-public information about any person or entity without the proper authorization to do so;
(k) The User will not transmit any advertisements, solicitations or any unsolicited commercial communication without Hullarious's express permission to do so;
(l) The User will not revise, modify, reverse engineer or in any way alter any portion of the website or its contents;
(m) The User will not "frame" or "mirror" any part of the website;
(n) The User will not utilize any device to enable him to circumvent the structure of the website and/or spam or flood the site;
(o) The User will not collect any information about visitors to the website without Hullarious's express permission to do so;
(p) The User shall not deliver, or provide links to any postings without the prior written permission of Hullarious, including, without limitation, to any materials which are deemed, in Hullarious's sole discretion to be harmful, lewd, obscene, violent, insulting, threatening, hateful or otherwise objectionable;
(q) The User shall not impersonate any other person and/or falsely state or otherwise misrepresent that he has an affiliation with any other person or entity, or otherwise mislead, deceive or defraud Hullarious or any other party; and
(r) The User will not create a database utilizing any information found within the website.
Responsibility for Minors. In cases where the User has authorized a minor to access this website and/or purchase any goods through this website, the User recognizes that he is fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the website and goods; and (iii) the consequences of any misuse by the minor.
Sales. The product and pricing information contained on the website is subject to change at Hullarious's sole discretion. The listing of CDs, MP3s or other sound recordings for sale, and applicable pricing is subject to availability. Hullarious will not knowingly accept any order from a person under 18 years of age. Hullarious will not knowingly accept any order from a person residing in the State of California.
The User hereby makes the material representation upon which it wishes Hullarious to rely that: (i) he is at least 18 years of age; (ii) he is not a resident of the State of California and will not provide information pertaining to the website or any goods purchased in conjunction with or otherwise related to the website to any California resident; (iii) he is authorized to make a purchase; and (iv) he is bound to that sale and Hullarious's applicable cancellation policies, if any. Further, User covenants and agrees to: (iv) provide certain information to Hullarious with regard to the mailing address and billing address, including, without limitation, personally identifiable information; (v) accurately and fully provide any such information; and (vi) provide payment in good and sufficient funds. Verification as to the accuracy of the information provided may be required prior to Hullarious's acceptance of any such purchase order. The User acknowledges that submission of a purchase order does not, in and of itself, entitle User to the CD, MP3 or other sound recording. The User acknowledges that purchase of Hullarious's products and services is subject to additional terms and conditions set forth by the company.
This website currently uses PAYPAL to process payments. The User will be responsible for reviewing the terms and conditions of the User's agreement with PAYPAL, which will include, but not be limited to the way PAYPAL collects information, the manner in which they process payments and the duties and obligations that the User has with PAYPAL.
If the User believes that he/she has been mistakenly billed, the User has the duty and obligation to notify PAYPAL immediately of such error. The User must review PAYPAL's policy with regard to their notice requirements. The User releases this website and Hullarious from all liabilities and claims of loss resulting from any error or discrepancy in billing.
Any complaints or disputed sales shall strictly be handled through PAYPAL's complaint procedures. Please review PAYPAL's policy with regard to buyers' complaints. The User releases this website and Hullarious from all liabilities and claims of loss resulting from any error or discrepancy in the purchase, shipment and delivery of any CD, MP3 or other sound recording.
California Residents ONLY: The offer for sale of any CDs, MP3s, other sound recordings or any other offer of goods or services through this website shall not apply to California residents. California residents may purchase the CDs offered for sale on this website on CDBaby.com or TowerRecords.com. California Residents shall be eligible to receive information offered by Hullarious through the mailing list offered on the website.
Refunds and Returns. All sales made through this website are final. Cancellations, exchanges, refunds and returns are not permitted and will not be accepted for any reason whatsoever.
Copyrights; Restrictions On Use. The Materials on the website are copyrighted by Hullarious, its affiliates or its licensors under United States and international copyright laws, is subject to other Intellectual Property and proprietary rights and laws, and is owned by Hullarious, its affiliates or its licensors. The Materials may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of Hullarious and its applicable licensors, with the sole exception that User may download one copy of the Materials onto a single computer for User's personal, noncommercial use. User must abide by all copyright notices, information or restrictions contained in or attached to any Material. User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of this website, use of the website, including, without limitation, any of the Materials or access to the website. The website is provided for User's personal, noncommercial use only.
Copyright Infringement. It is the policy of Hullarious to respond expeditiously to claims of copyright infringement. Hullarious will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws. Hullarious will terminate access for Users who it believes in its sole discretion to be an infringers, regardless of whether proven or not.
User covenants and agrees to provide Hullarious with any information that User has regarding potential copyright infringement of any of the Materials. Such information should be immediately disclosed to Hullarious at the addresses set forth below in the "Notices" provision.
Trademarks. "Hullarious Productions, LLC," variations thereof, as well as certain other of the names, logos and materials displayed in the website constitute trademarks, tradenames, service marks or logos ("Marks") of Hullarious or other entities. User is not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Hullarious or those other entities.
Communications. Any communications, including, without limitation, e-mails, pictures, graphics and/or other material sent directly (or by "cc" or otherwise) to Hullarious or any of its officers, employees or agents and any postings to this website shall become Hullarious's property upon the transmission of the same. User grants Hullarious the perpetual and irrevocable right to both publicly or non-publicly utilize the same, including the identifying information contained therein, in any manner whatsoever, at no charge.
Notices. All notices or other communications to Hullarious, if any, that are to be given under these Terms and Conditions must be in writing, which shall be given by delivery to the address set forth below by way of either personal delivery, certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier. Notices to Hullarious by certified mail, return receipt requested, two-day mail or overnight mail by a commercial carrier shall be deemed given upon sending. Notices by personal delivery shall be deemed given upon delivery. In the alternative, notices to Hullarious may be given by regular mail, but shall not be effective unless and until received at the address to which they are sent. Notices to Hullarious shall be addressed as set forth below unless a party changes the address in writing by providing notice thereof to the other party. The addresses for giving notice to Hullarious are as follows:
TO: Hullarious Productions, LLC
PO Box 771
Morris Plains, New Jersey 07950
With a copy to: Nissenbaum & Associates, LLC
2400 Morris Avenue, 3rd Fl.
Union, New Jersey 07083
Notices to Hullarious may also be given by electronic mail, provided that it is followed by an exact copy by either regular mail, personal delivery, certified mail, return receipt requested or two-day mail or overnight mail by a commercial carrier to the same addresses set forth above.
Notices to User shall be provided by Hullarious via email or any other address which Hullarious reasonably believes to be associated with the User.
Indemnification. The User agrees to indemnify, hold harmless and defend Hullarious, its affiliates, and any directors, officers, employees or agents (collectively, "Hullarious Parties") of any of the foregoing with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorneys' fees and expenses, arising from any third party claim relating to (a) infringement of any intellectual property of any person or entity, including without limitation, patents, trade secrets, copyrights, trademarks, service marks, trade names or similar proprietary rights; (b) any failure by the User to comply with these Terms and Conditions, specifically including the "User Conduct" as set forth above; (c) the User's use of this website and engagement in transactions on the website; and/or (d) any negligent act or omission or willful misconduct on the part of the User that results in a claim for breach of any representations, warranties or covenants made herein against any of the Hullarious Parties.
Attorney's Fees. In the event of a breach of these Terms and Conditions, or any other agreement or other terms and conditions set forth by Hullarious to which the User is bound, Hullarious may institute a lawsuit or arbitration for damages in its sole discretion. Hullarious shall be entitled to recover all costs including both actual pre-judgment and post-judgment attorney's fees and costs, involved directly or indirectly in its enforcement efforts, whether or not it does so through institution of formal legal proceedings.
DISCLAIMER. User explicitly agrees that Use of this website or any of the Materials contained herein is at his own and sole risk. This website and all Materials contained herein are provided "as is" without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement. Neither this website nor Hullarious makes any representations or warranties that this website or any Materials contained herein will be uninterrupted, timely, secure or error free; nor does this website make any representations or warranties as to the quality, fitness, truth, accuracy or wholeness of this website or any of the Materials contained herein. The User also understands and agrees that any material and/or data downloaded or otherwise obtained through the Use of this website or any of the Materials contained herein is done at his own discretion and risk and that the User will be solely responsible for any damage to its computer system or loss of data that results from the download of such material and/or data. The User understands that Hullarious cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Hullarious makes no warranty regarding any goods or services purchased or obtained through this website or any transactions entered into through this website and is not responsible for any use of confidential or private information that User may provide. Hullarious may change any of the Terms and Conditions and/or information found at this website at any time without notice. Hullarious makes no commitment to update the information found on this website. Hullarious makes no commitment to update the Materials. The warranties and representations set forth in these Terms and Conditions are the only warranties and representations with respect to these Terms and Conditions, and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the elimination of certain warranties, so some of the above exclusions may not apply to the User.
Successors and Assigns. Whenever the term Hullarious is used in connection with all of the Terms and Conditions, and in accordance with the other modes and methods set forth in the other webpages of this website regarding its use in regard to a right, protection or benefit, it shall be construed to encompass Hullarious, its related entities, successors, assigns, directors, officers, employees and agents. Further, the term "User" used in connection with these Terms and Conditions shall include his/her/its related entities, successors, assigns, directors, officers, employees and agents.
Authorized Permission for Use. The User shall be considered an entity if the individual accessing the website is doing so on behalf of an entity or is utilizing that entity's computer system in connection with a task (either paid or unpaid) for that entity. If the User is an entity, the person using this website on its behalf hereby makes the material representation upon which he wishes Hullarious to rely that he is authorized to bind that entity to the Terms and Conditions set forth above, as well as any other obligations imposed or undertaken through use of this website. Hullarious reserves the right to terminate the User's access to, and use of, whether as an individual or entity, the website and any of its contents, including, without limitation, the Materials, or use of any of Hullarious's services at its sole discretion and without any advance notice to the User.
Dispute Resolution. A party to these Terms and Conditions may not institute a suit at law or equity regarding any dispute, whether directly or indirectly related or collateral to these Terms and Conditions. All such claims or disputes, whether between or among the parties, shall be submitted to arbitration administered by a mutually acceptable arbitrator affiliated with the American Arbitration Association and its rules and guidelines shall apply, or its International Centre for Dispute Resolution, if applicable. Should the parties be unable to agree upon an arbitrator, the arbitrator shall be chosen by a determination of a court of competent jurisdiction. The arbitration proceedings shall be in English. The arbitrator shall have the authority to award any remedy or relief that a court of the State of New Jersey could order or grant. Each party will perform all acts, including the execution and delivery of further documents, as the arbitrator deems necessary or desirable to confirm and carry out the terms of the award rendered. Judgment upon the award rendered by the arbitrator may be entered in any court having competent jurisdiction thereof. The award rendered by the arbitrator in any arbitration is final and binding on the parties. The arbitration award may be appealed to a court of competent jurisdiction solely on the basis that the award was arbitrary or capricious.
Jurisdiction. The User utilizing this website agrees that the laws of the State of New Jersey shall govern these terms and conditions and any dispute, controversy or claim directly or indirectly related to such Use. Further, the User consents to the jurisdiction of the Superior Court of the State of New Jersey or, if federal jurisdiction exists, at the option of either party, to the jurisdiction of the United States District Court for the District of New Jersey, Newark Vicinage, to seek injunctive relief, compel an arbitration and/or enforce an arbitrator's award. Any arbitration shall be conducted in Morris County, New Jersey. Service of the written notice to initiate the aforementioned arbitration shall be deemed complete when sent either as required by Court procedure or by (a) electronic mail to any of the User's current or future electronic mail addresses; (b) ordinary mail or ordinary or two-day mail by a commercial carrier, in the event a regular mailing address has been provided by the party upon which service is being effected or is otherwise determined by the serving party; or (c) otherwise in accordance with the laws and procedures of the State of New Jersey.
Further Assurances. The User covenants and agrees to perform all acts and execute all supplementary instruments or documents which may be requested by Hullarious to carry out the provisions and effectuate the intent of these Terms and Conditions.
Severability.If any portion of these Terms and Conditions is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion shall be construed as narrowly as possible in order to give effect to as much of the Terms and Conditions as possible.
Miscellaneous. Hullarious's failure to enforce any term, provision or condition of these Terms and Conditions, including the breach or default thereof, by conduct or otherwise, in one or more instances shall not be deemed a waiver. To the extent that a provision of these Terms and Conditions is deemed unenforceable, the balance of it shall remain in full force and effect. Neither the course of dealing, nor any trade practice shall act as a modification of these Terms and Conditions. The User specifically acknowledges that he has not accepted these Terms and Conditions on reliance of any representations or other promises of Hullarious, which is not specifically included herein. The gender terms in these Terms and Conditions shall apply equally to either gender. The headings in these Terms and Conditions shall have no force and effect.
By its Use of this website, the User represents that he has had the opportunity to review this provision with counsel of the User's choosing, if the User wished to do so. The User further acknowledges that the User has thoroughly read these Terms and Conditions; understands that the User is giving up certain legal rights that may otherwise exist; has asked any questions the User desires to clarify its meaning; and believes it is in the User's interest to nevertheless proceed with this transaction.