This Site (and any associated Sites, including profiles hosted on Third-Party Social Media Sites) is operated by Hemslø Productions (hereafter referred to as “Hemslo,” “we,” or “us”). We provide Site users with access to content and services related to Hemslo, Adrian D. Holmes, and all other associated brands (“Brands”), music, images, text, data, and ancillary content (such content and services, collectively, the “Services”). Your use of the Site is governed by these Terms & Conditions (hereafter, “Terms”), regardless of how you access the Site, whether through the Internet or other means. The agreement of these Terms is between you and us.
I. Application & Amendment of terms By using the Site, you agree to these Terms, and to any additional rules and guidelines that we post on the Site. Additionally, by using the Site, you affirm that you are of legal age to enter into the Agreement of these Terms or, if you are not of legal age, that you have obtained parental or guardian consent to enter into the Agreement of these Terms.
We may amend the Terms periodically; we may notify you of such changes by any reasonable means, including by posting the revised version of these Terms on the Site. You can determine when we last amended these Terms by referring to the “REVISION DATE” legend above. Your use of the Site following any amendment to these Terms will constitute your acceptance of those changes; provided, however, any material change to these Terms shall not apply retroactively to any claim or dispute between you and us in connection with these Terms that arose prior to the “REVISION DATE” date applicable to that version of this Agreement in which we included such material change. We may, at any time, modify, or discontinue all or part of the Site.
II. Jurisdiction The Site operates from the United States of America. Unless otherwise stated in these Terms, this Site is not intended to subject us to non-U.S. jurisdiction or laws. When accessing the Site, you do so at your own risk. As the user, you are solely responsible for complying with all laws, rules, and regulations pursuant to your location of access. We may limit a portion or the entirety of the Site’s availability to any person, geographic area, or jurisdiction we choose, at any time, and in our sole discretion.
IV. Code of Conduct When you use the Site, you agree to use it in a lawful manner; to respect the rights of others; and to avoid objectionable, defamatory, or disruptive behavior. Additionally, when using the Site, you will comply with the following Codes of Conduct (“Codes”).
» When using the Site, you will not post, transmit, or otherwise make available through, or in connection with, the Site:
» When using the Site, you will not:
We may terminate your use of the Site for any behavior(s) listed above, or for any currently unlisted behavior that we deem inappropriate. Such grounds for individual termination of Site access shall include, without limitation, if you repeatedly engage in copyright infringement via or in connection with the Site).
V. Registration You may need to register to use any part(s) of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
VI. Submissions The following are our provisions regarding our collection, storage, and use of user submissions.
VII. Products All rights in any products available through the Site, such as music, ring tones, SMS tones, images (e.g., screen savers), video, artwork, text, software, and other copyrightable materials (collectively, the “Products”) are owned by us, our Affiliates, and/or our (or their) licensors. If a separate agreement provided by us or an Affiliate governs a particular Transaction (as defined in Section 9 below) or Product, or your use of a particular Product, and the terms of such separate agreement conflict with the terms of this Agreement, the terms of such separate agreement will govern such transaction or use.
Subject to your compliance with the conditions of these Terms, and any other applicable terms and conditions imposed by us, our Affiliates, and/or our licensors, you have a limited right to use those Products that you purchase or access through the Site solely for your personal, noncommercial use, in accordance with the terms and conditions of these Terms and any other terms and conditions that may apply to such Products, which right you cannot sublicense to others.
Any burning or exporting capabilities, if any, of any Product shall not constitute a grant or waiver of any of our rights, or those of any copyright or other rights owners in such Product, any other Product, or any content, sound recording, underlying musical composition, artwork, or other copyrightable matter embodied in or associated with such Product or any other Product. You understand that the Site and the Products may include and/or rely on a security framework using technology that protects digital information and imposes usage rules established by us, our Affiliates, and our (or their) licensors, and you hereby agree to abide by such usage rules, including those set forth below.
Unless we expressly provide otherwise, all Transactions, all Products, and ultimately your use of such Products are subject to these Terms.
Descriptions and images of, and references to, Products on the Site do not imply our endorsement of such Products. Except to the extent prohibited by applicable law, we reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any Product; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any Product.
Price and availability of any Product offered through the Site are subject to change without notice. In the event that a Product is listed at an incorrect price or with other incorrect information, we have the right to refuse or cancel any Transaction for such Product. You shall pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges, and any applicable network, data or other charges in respect of mobile downloads. In addition, you remain responsible for any taxes (including, if applicable, VAT and/or any import duties) that may be applicable to your Transaction(s).
IX. Digital Transactions We, or our third party designees, may automatically process charges against your selected payment method on the receipt page or when we provide you with a "Download Now" link. We, or our third party designees, will inform you if all or any portion of your order is canceled or if additional or different information is required to accept your order.
X. Refunds Except to the extent applicable law provides otherwise, all sales through the Site are final, and all charges from those sales are nonrefundable, except as otherwise expressly set forth in these Terms.
XI. Product Delivery Except to the extent prohibited by applicable law, we reserve the right to change Product delivery options without notice. On occasion, technical and other problems may delay or prevent delivery of a particular Product. Except to the extent that applicable law provides otherwise, your sole and exclusive remedy with respect to any Product that is not delivered within a reasonable period will be either replacement of such Product or a refund of the purchase price paid for such Product, as determined by us in our sole discretion.
XII. Product Compatibility Requirements You acknowledge that use of our Products requires other hardware and software tools (e.g., in the case of full permanent audio downloads, for making copies of Products on physical media and rendering performance of Products on authorized digital player devices), and that such hardware and software, including, without limitation, all charges therefor, are your sole responsibility. To the extent permissible under applicable law, we, our Affiliates and our (and their) Artists, Brands, Representatives, or Providers shall not be responsible or liable for the loss or damage of any Product. Except to the extent prohibited by applicable law, we reserve the right to change at any time, with or without prior notice to you, the software or hardware required to download, transfer, copy, and/or use or limit the use of any Products.
XIV. Our Proprietary Rights We, our Affiliates, and our respective licensors and suppliers own the information and materials made available through the Site. Such information and materials are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on, all or any part of the Site or any information or materials made available through the Site.
We, our Affiliates, and/or our respective licensors or suppliers own the trade names, trademarks, and service marks on the Site, including without limitation, Hemslø Productions, the now-defunct Skip Wilson Media, and any associated brands and logos. All trademarks and service marks on the Site not owned by us or our Affiliates are the property of their respective owners. You may not use our trade names, trademarks, and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks, or service marks without express prior written consent of the owner.
Please note that unauthorized use of any service or product, including—without limitation—any software used by the services, may subject you to civil and criminal penalties (including, without limitation, possible monetary damages), including, without limitation, for copyright infringement.
XV. Third Party Applications The Site may include third party software applications and services (or links thereto) that are made available by our Providers (“Third Party Applications”).
Because we do not control Third Party Applications, you agree that neither we nor our Affiliates, nor our respective Artists and Representatives, are responsible or liable for any Third Party Applications, including the performance, accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Applications or their use. We have no obligation to monitor Third Party Applications, and we may remove or restrict access to any Third Party Applications (in whole or part) from the Site at any time.
The Site may incorporate certain functionality that allows, via the system or network of which the Site is a component, the routing and transmission of, and online access to, certain digital communications and content made available by third parties (“Third Party Content”). By using such Site functionality, you acknowledge and agree that you are directing us to access and transmit to you Third Party Content associated with such functionality.
Because we do not control Third Party Content, you agree that we are neither responsible nor liable for any Third Party Content, including the accuracy, integrity, quality, legality, usefulness, or safety of, or intellectual property rights relating to, Third Party Content. We have no obligation to monitor Third Party Content, and we may block or disable access to any Third Party Content (in whole or part) via the Site at any time.
XVI. Limitations of liability and disclaimers The site and all goods, services, products, Third Party Applications, Third Party content, information, and materials made available through the Site are provided to you "as is” without any express representations or warranties of any kind, and we, our affiliates, and our respective Artists, Brands, Representatives, and Providers disclaim all statutory or implied representations, warranties, terms and conditions with respect to the Site and all goods, services, products, Third Party Applications, Third Party content, information, and materials made available through the Site, including the representations and warranties of satisfactory quality, merchantability, fitness for a particular purpose, noninfringement and title. (Certain Providers may separately provide limited representations and/or warranties regarding their Third Party Applications; please check with such Providers for further information.)
We make no representation or warranty that the site (or any part thereof), or any goods, services, products, Third Party Applications, Third Party content, information, or materials made available through the Site is or will be accurate, complete, error-free, or compatible with any particular software or hardware. Additionally, we make no representation or warranty that any software, hardware, equipment, or other device or system using the Site or any goods, services, products, Third Party Applications, Third Party content, information, or materials made available through the Site will function in any manner.
You hereby agree that it is your sole responsibility to (a) obtain and pay for any software, hardware or services (including internet connectivity) needed to use the Site and (b) ensure that any software, hardware, equipment, devices, systems, or services that you use will function correctly with the Site and any goods, services, products, Third Party Applications, Third Party content, information, or materials made available through the Site.
You agree that you must evaluate, and that you bear all risks associated with, the use of the Site, including any reliance on the accuracy, completeness, or usefulness of any Third Party Applications, Third Party content, information, or materials made available through the Site.
We, our Affiliates, and our respective Artists, Brands, Representatives, and Providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages of any kind in connection with the site, nor for any damages for loss of profits, loss or interruption of business, loss of use, loss of data, loss of other intangibles, loss of security of information you have provided in connection with your use of the Site (including, without limitation, in connection with your use or receipt of any Third Party Applications or Third Party content), or unauthorized interception of any such information by Third Parties, even if advised in advance of such damages or losses. Further, we, our Affiliates and our respective Artists, Brands, Representatives, and Providers will not be liable for damages of any kind resulting from your use of the Site or from any Third Party Applications, Third Party content, information, or materials on the Site.
Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Site. Our maximum liability for all damages, losses and causes of action, whether in contract, tort (including, without limitation, negligence), or otherwise shall be the total amount paid by you to us to access and use the Site. It is possible that applicable law may not allow for limitations on certain implied warranties or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
XVII. Site Security Notice While we try to maintain the security of the Site, we do not guarantee that the Site or any Third Party Applications will be secure, nor do we guarantee that any use of the Site or any Third Party Applications will be uninterrupted. Additionally, third parties may make unauthorized alterations to the Site or any Third Party Applications. If you become aware of any unauthorized third party alterations to the Site, contact us at email@example.com with a description of the material(s) at issue and the URL or location of such materials.
XVIII. Indemnity By using the Site, you agree to defend, indemnify, and hold harmless us, our Affiliates, and our and their respective Artists, Brands, Representatives, and Providers, from and against all claims, losses, costs, and expenses (including attorney’s fees) arising out of:
(a) your use of, or activities in connection with, the Site;
(b) any violation of this Agreement by you;
(c) any use or other exploitation, or failure or omission to use or otherwise exploit, any Submission (including any portion thereof) that you post; or
(d) any claim that your Submission or any use or exploitation thereof caused damage to or infringed upon or violated the rights of a third party, including without limitation past, present or future infringement, misappropriation, libel, defamation, invasion of privacy or right of publicity or violation of rights related to the foregoing.
Any exception to this provision are only to the extent prohibited by applicable law.
XIX. TERMINATION This Agreement is effective until terminated. We may, at any time and for any reason, terminate your access to or use of: (a) the Site, (b) your user name and password or (c) any files or information associated with your user name and password. If we terminate your access to the Site, you will not have the right to bring claims against us, our Affiliates, or our respective Artists, Brands, Representatives, and Providers with respect to such termination.
We, and our Affiliates, and our respective Artists, Brands, Representatives, and Providers, shall not be liable for any termination of your access to the Site, or to any such information or files, and shall not be required to make such information or files available to you after any such termination. We may take steps that we deem appropriate to enforce or verify compliance with any part of these Terms (including our right to cooperate with any legal process relating to your use of the Site, any Products, or any third party claim that your use of the Site or Products is unlawful or infringes such third party’s rights).
XX. Governing Law & Dispute Resolution You hereby agree that this Agreement (and any claim or dispute arising in connection with this Agreement or your use of the Site) is governed by and shall be construed in accordance with the laws of the State of Florida, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Panama City Beach, Florida, U.S.A., and waive any jurisdictional, venue, or inconvenient forum objections thereto.
You further agree that the United Nations Convention on the International Sale of Goods will not apply to this Agreement.
You agree that any unauthorized use of the Site, the Products, or any related software or materials, or any Third Party Applications, would result in irreparable injury to us, our Affiliates, or our respective Artists, Brands, Representatives, and Providers for which money damages would be inadequate, and in such event we, our Affiliates, or our respective Artists, Brands, Representatives, and Providers, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you.
Nothing contained in this section or elsewhere in this Agreement shall be construed to limit remedies or relief available pursuant to statutory or other claims that we, our Affiliates, or our respective Artists, Brands, Representatives, and Providers may have under separate legal authority, including, without limitation, any claim for intellectual property infringement.
XXI. Content Filtering Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information about how to protect your child’s privacy online is available at: http://onguardonline.gov/. Please note that we do not endorse any products or services listed at this site.
XXII. Notice to California Users In accordance with California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please feel free to contact us via e-mail at . E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
XXIII. claims of Copyright Infringement The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or disable access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Notices and counter-notices should be sent to: (We suggest that you consult your legal advisor before filing a notice or counter-notice.)
XXIV. Contact Us If you have any questions regarding the meaning or application of this Agreement, please direct such questions to . E-mail communications are not necessarily secure, so please do not include credit card information or other sensitive information in any e-mail to us.
XXV. Miscellaneous These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and us. If any provision of these Terms is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
Notices to you may be made via posting to the Site, by e-mail, or by regular mail, in our discretion. We may also provide notice of changes to these Terms or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms,and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
Except as expressly set forth in the following sentence, nothing in these Terms, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations, or liabilities. Notwithstanding the previous sentence, you agree that our Affiliates and our and their respective Artists, Brands, Representatives, and those Providers who are content owners and service providers from whom we have obtained a license or other rights to use their content and services, as applicable, in connection with the Site, are third-party beneficiaries in accordance with these Terms, with the right to enforce the provisions of these Terms that directly apply to such parties. Notwithstanding the immediately preceding sentence, our right to enter into, rescind, or terminate any variation, waiver, or settlement under this Agreement is not subject to the consent of any Third Party.