HAITIANMUSICINDUSTRY.COM E-CARDS TERMS OF SERVICE

[HMI]

The following is a legal agreement between HMI Entertainment and "you," the user of this Site. By accessing, browsing or using this Web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to these terms of service ("Terms") and to comply with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms, please do not use this Site.

Your Use of the Site
HMI Entertainment hereby grants you a limited license to copy and use the materials, features, and services provided by HMI Entertainment on this Site (collectively the "Materials") solely for your personal, non-commercial use, subject to these Terms. The design and layout of the Site are specifically excluded from the Materials. No other use of the Site or Materials is authorized. You agree that any copy of the Materials (or any portion of the Materials) that you make must retain all copyright and other proprietary notices contained herein or therein.

The products, technology, or processes described or used on this Site may be the subject of intellectual property rights reserved by HMI Entertainment or other third parties. Except for the limited license granted above, nothing contained herein confers to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of HMI Entertainment or any third party.

Copyright Information
HMI Entertainment currently utilizes copyrighted materials from various individuals and entities. Copyright notices for such material are set forth wherever such licensed material appears on the HMI Entertainment Site.

Trademarks
All material on this site is strictly for entertainment purposes only. This site and any pages within are in no way affiliated with any manufacturer, vendor, sponsored representative, retailer or the like for an Haitian Music Industry related company or product. Any images, copyrights, or trademarks used on this site are used under the "Fair Use Provision" of the Copyright Act for purposes of comment, criticism, and news reporting.

Acceptable Use Policy
HMI Entertainment has adopted the following Acceptable Use Policy in order to assure that its e-Cards are used in a lawful and appropriate manner. While HMI Entertainment does not ordinarily monitor the content of users' e-Cards, it reserves the right to investigate reports of misuse of its service and to protect its property and assets. The following conduct is prohibited on the service:

sending harassing, abusive, or threatening messages;

sending obscene or pornographic messages or images;

sending defamatory or libelous messages;

sending viruses or other harmful, disruptive, or destructive files;

attempting to steal passwords or credit card information;

sending messages in furtherance of unlawful, criminal, or fraudulent activity; or

attempting to conceal or misrepresent the identity of the sender.

Violations of the HMI Entertainment's Acceptable Use Policy will not be tolerated and may result in the sender being blocked from sending additional e-Cards on the service. HMI Entertainment RESERVES THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING PRODUCT RECIPIENTS, THEIR COUNSEL, OR LAW ENFORCEMENT AUTHORITIES, RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED NECESSARY BY HMI ENTERTAINMENT TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY CONSENT TO SUCH DISCLOSURES.

Spam
You may not use this Site to send online e-Cards to mailing lists to which you do not have full rights or to send unsolicited bulk or commercial messages. HMI Entertainment reserves the right to limit, in its sole discretion and without prior notice to you, the number of e-cards or messages that you may send using the Site or the number of recipients to which you send such cards or messages.

You are solely responsible for your actions and communications undertaken or transmitted using this Site. Neither we nor our affiliates exercise editorial control over your transmissions; however, we do reserve the right to review your uploads and transmissions in order to ensure compliance with these Terms.

Links and Advertisements
HMI Entertainment may feature on its Site, in its newsletters, or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, or otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH HMI Entertainment,OR HAITIANMUSICINDUSTRY.COM. HMI ENTERTAINMENT MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS, WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. HMI ENTERTAINMENT WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR AS A RESULT OF TRANSACTIONS WITH ANY HMI ENTERTAINMENT ADVERTISER. USERS ARE ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.

Using Your Own Content, Photos, or Images
HMI Entertainment may allow you to create your own e-Cards by uploading your own photos, artwork and other materials. If we do and you do so, you are subject to the conditions outlined in these Terms. When you upload photos or images to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornorgraphic, or illegal materials.

When you upload material to the Site and use it to create an eCard, your material will be used for the transmission of your digital e-Card; however, we may also use such material in the course of performing testing, training or archiving of our and our affiliates' systems and hereby expressly reserve the right to do so.

Photo e-Cards
Once you are signed in to your membership, you are subject to the conditions outlined in these Terms. When you upload photos or images to the Site you are indicating that you own the photo or image or have full rights to its use. You are also indicating that the photos or images you upload do not depict any obscene, pornorgraphic, or illegal materials.

By selecting "Check here to preview before sending" option, you agree to accept the e-card as it appears on the screen. You also understand that HMI Entertainment takes no responsibility for misspellings, misalignment, typographical errors, or other user-generated errors.

Warranty Restriction; Limitation Of Liability.
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES (INCLUDING, BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS (INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)) OR AGAINST INFRINGEMENT. HMI ENTERTAINMENT IS NOT RESPONSIBLE FOR ANY FAILURE OF E-CARDS SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.

NEITHER HMI ENTERTAINMENT NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR AFFILIATES ARE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THE SITE, EVEN IF HMI ENTERTAINMENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT HMI ENTERTAINMENT AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED ANY SUMS PAID PURSUANT THIS AGREEMENT.

NEITHER HMI ENTERTAINMENT NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS, ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO HOLD HARMLESS HMI ENTERTAINMENT AND ITS AFFILIATES AND PARTIES WITH WHOM HMI ENTERTAINMENT HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE BY YOU ON THE SITE.