terms of use

Effective date: July 1, 2023

Welcome to halogenentertainment.com (“Website”), a website owned and operated by Halogen, LLC (“Halogen”, “we” “our”, “us”).

These Terms of Use (“Agreement”) govern the use of our Website. Please read the terms and conditions of this Agreement carefully before using our Website. By accessing or otherwise using any portion of the Website, you agree to be bound by the terms of this Agreement. If you are not willing to be bound by the terms of this Agreement, you may not access or otherwise use any portion of the Website.

Ability to Use the Platform

The Platform is provided by Halogen to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you may not use the Platform.

Privacy

The Halogen Privacy Policy explains the data we collect, use, store, and process while you use and access our Website. By using our Website, you acknowledge that you have read, understood, and agree to the terms of our Privacy Policy, which is incorporated herein by reference, and you agree that we may use such data in accordance with the terms of our Privacy Policy. If you have any questions regarding our Privacy Policy, please contact us at [email protected].

Changes in Terms and Conditions

From time to time, we may add to, modify, or revise this Agreement without notice at the sole discretion of Halogen. Your continued use of the Website after any changes have been made to the Agreement will mean you accept those changes. If you do not agree to, or cannot comply with, the Agreement as amended, you must stop using the Website.

Your License to Use the Website

Any and all intellectual property rights ("Intellectual Property") associated with the Website are the sole property of Halogen. The content is protected by copyright and other laws in both the United States and other countries. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks, or trade dress ("Marks") of Halogen, its affiliates, or other entities that have granted Halogen the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Halogen. Except as otherwise expressly authorized by this Agreement, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without Halogen’s written permission. 

Halogen grants you a limited, personal, non-transferable, non-sublicensable, revocable license to access and use only the Website only in the manner presented by Halogen. Except for this limited license, Halogen does not convey any interest in or to any part of its Website by permitting you to access the Website. Except to the extent required by law or as expressly provided herein, none of the content and/or services may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold, or redistributed without the prior written consent of Halogen. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way, unless expressly permitted to do so by Halogen.

You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You will not use the Website to violate any applicable law, rule, or regulation and you will not encourage or enable others to violate any applicable law, rule, or regulation. 

ANY USE OF THE WEBSITE NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.

Export Control and Legal Compliance

The Website is operated out of the United States. We make no representation that the Website, or content or information available via the Website, is appropriate or available for use outside the United States, and access to it from jurisdictions where the content is illegal is prohibited. The Website may be subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations. You may not use or export any materials via our Website in violation of any export, re-export or import laws and regulations of the United States or any other jurisdiction. You represent and warrant that you are not located in a country that is: (a) subject to an embargo by the United States or that has been designated by the United States Department of State as a state sponsor of terrorism; or (b) included on any list of prohibited, restricted, or sanctioned parties published by the United States. You further agree to comply with all such applicable restrictions and not to export or re-export the content to countries or persons prohibited under the United States or other applicable export control laws or regulations. 

Disclaimers; Limitations of Liability

SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES. TO THE EXTENT APPLICABLE LOCAL LAW SPECIFICALLY AND EXPRESSLY PROHIBITS SUCH EXCLUSIONS, THOSE SUCH EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

THE WEBSITE (INCLUDING ANY SERVICES OR CONTENT CONTAINED THEREIN) ARE LICENSED AND PROVIDED "AS IS" AND "AS AVAILABLE". ANY USE OF THE SERVICES WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HALOGEN DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HALOGEN MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, OR WILL NOT CONTAIN CONTENT YOU DEEM OFFENSIVE, INDECENT, OR OTHERWISE OBJECTIONABLE, AND HALOGEN DISCLAIMS ANY LIABILITY RELATING THERETO. HALOGEN MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT THE USE OF OR THE RESULTS OF THE USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, BE ACCURATE, RELIABLE, CURRENT, OR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.

Indemnification

You agree to defend (at our option), hold harmless, and indemnify us from and against all third-party claims and all liabilities, assessments, losses, costs, or damages resulting from or arising out of (a) your alleged or actual breach of this Agreement, including your express representations and warranties; (b) your use or misuse of the Website; and (c) your alleged or actual infringement or violation of the rights of a third party, including without limitation any intellectual property rights, rights of publicity, and rights of privacy.

Governing Law and Disputes

(a) Governing Law. This Agreement, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort, or otherwise, will be governed and construed in accordance with the laws of the state of North Carolina, excluding its choice-of-law principles.

(b) Applicability of Section. The terms of this section will apply to all disputes that may arise out of, are connected with, or relate to this Agreement or the Platform, subject only to the following exceptions: (1) if Halogen reasonably believes that you have in any manner acted or failed to act in any manner that may cause harm to us or any third party, we may seek injunctive or other appropriate relief in any court of competent jurisdiction; or (2) any dispute may, at the option of the claiming party, be resolved in small claims court in Mecklenburg County, North Carolina, provided that all claims by all parties in the dispute (i) fall within the jurisdiction of the small claims court, and (ii) were unsuccessfully resolved through the Informal Resolution procedure required below. Furthermore, in no event will the terms of this section limit Halogen's ability to investigate complaints or reported violations of this Agreement, or to take any action we deem necessary and appropriate to mitigate actions against us, including reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties such as music rightsholders.

(c) Informal Resolution. If you have any dispute with us or any related third party, arising out of, relating to, or connected with this Agreement or the Website, you agree to contact us directly and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give us thirty (30) days from the date of filing your written description with us within which to resolve the dispute to your reasonable satisfaction. If Halogen does not resolve the dispute through good faith negotiations under this informal process, you may pursue the dispute in accordance with the arbitration agreement below.

(d) Arbitration Agreement. Any claims by Halogen, or claims by you that are not resolved by the Informal Resolution procedure described in section 8(c) above, arising out of, relating to, or connected with this Agreement must be asserted individually in binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes (including utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel). This Agreement and each of its parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. § 1 et seq.) will apply in all cases and govern the interpretation and enforcement of the arbitration rules and arbitration proceedings. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition to and notwithstanding the terms stated above, the following will apply to your disputes: (1) the arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including any claim that all or any part of this Agreement is void or voidable; (2) the arbitrator will not have the power to conduct any form of class or collective arbitration, nor join or consolidate claims by or for individuals; and (3) you hereby irrevocably waive any right you may have to a court trial (other than small claims court as provided above) or to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit, arbitration, or other proceeding against us or related third parties arising out of, relating to, or connected with this Agreement.

The arbitration proceeding and the results thereof will be kept confidential by each party and not used for any purpose other than a party exercising its rights and fulfilling its obligations with respect to the other party; provided, however that either party may disclose the existence and results of the proceeding: (1) as required by law, rule, or regulation; (2) to its accountants, attorneys, and other fiduciaries; and (3) to an arbitrator or third party who has exercised its rights under this section for use as persuasive authority in other proceedings brought pursuant to this section.

(e) Limitation of Actions. Regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Platform or any term or condition of this Agreement, must be filed within twelve (12) months of the date the facts giving rise to the suit were known or should have been known by you, or forever be barred.

Severability

In the event any provisions of this Agreement are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of this Agreement.

Entire Agreement

This Agreement constitutes the complete and exclusive agreement between you and Halogen with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein.

Questions Regarding this Agreement

If you have any questions regarding this Agreement, you may contact us at [email protected].