Welcome to the www.howsweetthesound.com (“Site”). This Terms of Use Agreement (“Agreement”) sets forth the agreement between Momentum Entertainment Group (“Company” or “we”) and each user (“you” or “user”) governing your use of this Site. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU MAY NOT ACCESS OR OTHERWISE USE THIS SITE. YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS. IF YOU ARE ACTING ON BEHALF OF A COMPANY OR ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY. We may, in our sole discretion, modify this Agreement with or without notice to you. By continuing to access and use the Site after this Agreement has been modified, you are agreeing to such modifications. Therefore, you should review this Agreement prior to each use of the Site. In addition you shall be subject to any guidelines or policies posted on the Site from time to time. All such guidelines or policies are hereby incorporated by reference into this Agreement.

Use of this Site is subject to the terms of the Privacy Policy, which is hereby incorporated into and made part of this Agreement. Please carefully review our Privacy Policy. We reserve the right, and you authorize us, to collect, disclose, and otherwise use your information in accordance with the information practices described in our Privacy Policy.

You acknowledge that the Site and all materials on the Site, including, without limitation, the Site’s design, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of Company, its business partners, or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective intellectual property rights owners. Except as expressly authorized by this Agreement or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Company or the respective intellectual property rights owner. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site are the sole property of Company, its business partners, and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Company, its business partners and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of Company and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Company.

In the event that the Site includes links to third party websites, such links are provided only as a convenience to you. If you use these links, you will leave the Site. Company does not control or endorse any such third party websites. You agree that Company and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. Company expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS PARENT, SUBSIDIARY, AND AFFILIATED COMPANIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES (COLLECTIVELY, “COMPANY AND ITS AFFILIATES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY AND ITS AFFILIATES OR ON OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

COMPANY AND ITS AFFILIATES SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO, THIS AGREEMENT, THE USE OF OR INABILITY TO USE THE SITE, OR YOUR INTERACTIONS WITH US ONLINE, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY (I) AS A PUBLISHER OF INFORMATION, (II) FOR ANY INCORRECT OR INACCURATE INFORMATION, (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA, (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY (IF ANY) ON THE SITE, OR (VII) FOR ANY OTHER MATTER RELATING TO THIS SITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOOD WILL, LOSS OF USE, LOSS OF DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE INFORMATION AND SERVICES OFFERED ON AND THROUGH THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS AND LIABILITY ARE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree to indemnify, defend and hold harmless Company and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to (i) your access, use of, misuse of, or conduct on the Site, (ii) any activity related to use of the Site by you, (iii) any material that you submit to, post on or transmit through the Site, (iv) your actual or alleged breach of this Agreement, (v) your infringement or violation of any rights of another, or (vi) your acts or omissions.

Subject to your compliance with this Agreement, we give you a personal, non-assignable, non-exclusive and revocable right to access and use the Site in the manner and for the purposes expressly permitted by this Agreement. You must be at least eighteen (18) years of age and must be a legal resident of the United States or the District of Columbia (excluding Puerto Rico and other U.S. territories and possessions) to use this Site. If you provide information on this Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Site, and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate, outdated or incomplete, or Company has reasonable grounds to suspect that such information is false, inaccurate, outdated or incomplete, Company has the right to suspend or terminate your access to this Site and prohibit any and all current or future use of the Site (or any portion thereof) by you. You agree to use this Site only for lawful purposes, and that you are responsible for your use of and communications on the Site. In addition to any restrictions or guidelines that may appear within particular sections or features of the Site, including without limitation the Rules for the How Sweet The Sound Choir Contest (the “HSTS Contest”), you agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. Company makes no representation that Materials contained on the Site are appropriate or available for use in jurisdictions outside the United States, or that this Agreement complies with the laws of any other country. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not Company and its affiliates, are responsible for compliance with applicable local laws. Company also may terminate or suspend this Agreement, at any time, without notice, and accordingly deny you access to the Site, if in Company’s sole discretion you fail to comply with any term or provision of this Agreement or your use is harmful to the interests of another user or Company and its affiliates. Upon any termination of the Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. The license granted herein by us shall automatically terminate if you fail to comply with any material provision of this Agreement. Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in this Agreement, you agree that Company and its affiliates shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site. You agree that Company may terminate or suspend your access to all or part of this Site, without notice, at any time, for any reason or for no reason. We provide the Site for entertainment, educational, and promotional purposes only. You may not rely or any information or opinions expressed on the Site for any other purpose.

This Agreement shall be governed by and construed in accordance with the laws of the State of New York in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of New York and further agree that any cause of action arising from or relating to the use of this Site or this Agreement shall be brought exclusively in the Federal or State Courts residing in City and County of New York, except with respect to imminent harm requiring injunctive relief, in which case Company may seek such relief in any court with jurisdiction over the parties. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING OR LITIGATION BROUGHT AGAINST THE OTHER WITH RESPECT TO THIS AGREEMENT OR THE SITE. IN ADDITION, YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER SITE USERS, OR LITIGATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. When used in this Agreement, the term “including” shall be deemed to be followed by the words “without limitation.”

This Agreement constitutes the entire and only Agreement between Company and each user of this Site, including you, with respect to the subject matter of this Agreement and supersedes any and all prior or contemporaneous Agreements, representations, warranties and understandings, written or oral, with respect to the subject matter of this Agreement. All provisions of this Agreement that should by their nature survive the termination of this Agreement shall survive the termination of this Agreement.

The failure of Company and its affiliates to insist upon strict adherence to any term of this Agreement shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of this Agreement. You agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The “Disclaimer; Limitation of Liability” provisions of this Agreement are for the benefit of Company and its affiliates as defined herein, and each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

You agree that we can communicate with you electronically. Such communications may consist of e-mail, notices posted on the Site, and other communications. If you have any comments, questions, or complaints regarding this Agreement, or wish to report any violation of this Agreement, please contact us at the following email address:
Help@HowSweettheSound.com