The Legal Stuff
Your obligations are simple. We want you to get out there, enjoy performing and make big bucks from gigs. And, we'd like you to come back to Hit Trax and buy more backing tracks. We ask you to seriously respect our copyright and to refrain from giving away, making unauthorized copies of and to never on-sell the backing tracks.
That's it in a nutshell, now here's the legal speak ...
Acceptance of Terms
Description Of Services
Through its network of Web properties, Hit Trax provides you with access to a variety of resources, including "MIDI Files", "MIDI Karaoke" and "MP3 backing tracks", "demo files", "lyrics", (collectively: 'The Library") download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
Personal And Non-Commercial Use Limitation
Unless otherwise specified, the Services are for your personal, performance and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services. You can modify purchased items in "The Library" for your personal vocal range and performance arrangement.
Privacy and Protection of Personal Information
See the Privacy Statement disclosures relating to the collection and use of your information.
Notice Specific to Software Available on this website
Any items in "The Library" that is made available to download from the Services is the copyrighted work of Hit Trax and/or its suppliers. Use of "The Library" is governed by the terms of the end user license agreement, if any, which accompanies or is included with "The Library" ("License Agreement"). An end user will be unable to use any item in "The Library" that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
"The Library" is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of "The Library" not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Without limiting the foregoing, copying or reproduction of "The Library" to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying "The Library"
"The Library" is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Hit Trax hereby disclaims all warranties and conditions with regard to "The Library", including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, Hit Trax may make available as part of the services or in "The Library", tools and utilities for use and/or download. Hit Trax does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in Hit Trax or third party software products.
Notice Specific to Documents Available on this website
Permission to use Documents (such as white papers, blogs, press releases, data sheets and FAQ's) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as universities, private and public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Documents specified above do not include the design or layout of the Hit Trax, MIDI.com.au Web sites or any other Hit Trax owned, operated, licensed or controlled web site. Elements of Hit Trax Web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Hit Trax Web site may be copied or retransmitted unless expressly permitted by Hit Trax
Hit Trax and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published as part of the services for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Hit Trax and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall Hit Trax and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from the services.
The documents and related graphics published on the services could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Hit Trax and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
Notices regarding Software, Documents and Services Available on this Website
In no event shall Hit Trax and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.
Accuracy of Song Files
Hit Trax programmers reserve the right to allow for up to 15% variance in accuracy of the song files ("The Library"). In sections containing an instrumental solo or lead break, Hit Trax programmers reserve the right to allow for up to 20% variance in accuracy of the notes performed by the original artist in an instrumental solo or lead break. Hit Trax will not refund or exchange a song file from ("The Library") where this condition exists.
Song Tile Versions
Unless otherwise stated, "The Library" are based on the radio versions. Extended, live, custom arrangements etc are noted in the title or song information page that can be accessed by clicking the song title. Exceptions to this norm are the 'MTA' coded titles where the producer often takes liberty and changing the arrangements. 'MTA' titles should not be purchased by performers requiring the original arrangement.
Demonstration Files (demo song files)
Demonstration song files (demos) are available on the website. The purpose of the demos is to provide the buyer prior opportunity to listen to a section of the song file . In instances where a demo does not exist, or where the demo will not play, or the demo is not sufficient, the buyer should contact Hit Trax through the customer service/support section on the web site prior to making payment.
Demo files are recorded using MIDI sounds, samples or a mixture of both and saved as an MP3 file.. This process is required to ensure demo's play consistently on all devices. The buyer should be aware that demo's can be 'sonically' different to the MIDI file. Hit Trax uses MP3 demo's instead of MIDI demo's as a MIDI file relies on the quality, limitations and sound patches reproduced by the MIDI device playing back the MIDI file. Software players such as winamp, vanbasco and similar software that uses the MIDI capabilities of a simple computer sound chip can never reproduce good quality playback capable from dedicated MIDI File players. It is assumed the buyer of a MIDI File is aware of these circumstances and will apply common sense in making decisions based on the equipment used by the buyer.
Hit Trax states clearly, and The buyer acknowledges as such, that there is never any intention to misrepresent the quality of our backing tracks based on our demo's. Hit Trax demo's are formatted to MP3 to ensure each and every buyer hears the same audio demo, no matter which device the demo is played.
The buyer therefore, acknowledges this condition of sale and accepts that no claim for refund or exchange will be lodged to Hit Trax, or through a payment gate such as PayPal, ANZ e-Gate, visa, Mastercard and American express on the basis that the demo is different from "The Library".
MIDI File Formats & Playing MIDI Files on your Device
Hit Trax "The Library" are created and formatted to 'General MIDI' specification format 0 (merged) format 1 (split channels). The playback device must be at least 'General MIDI' level 1 compatible in accordance with general MIDI specifications. Hit Trax MIDI Files will 'load & play' on any General MIDI level 1equipped device, computer and software. Contact customer support if you are unsure.
MP3 Backing Tracks - Recording process and Instrumentation
Mp3 backing tracks are audio songs minus vocals. Instrumentation is recorded using sampled instruments and/or high quality MIDI sound sources. Select this format to play backing tracks on any mp3 player, IOS/Android device, iTunes, windows media player and similar programs, and any device dedicated to playing a standard audio file.
Live Band Backing Tracks with Backing Vocals
This particular range is recorded using mainly live instruments and include backing vocals. This range is clearly identified under each song title and are only available as mp3 files. This range of mp3 backing tracks is identified by an item code beginning with 'dt'(eg: Dt1232) most songs have an arranged ending and some songs end with a 'fade out'. All songs are clearly identified as having an 'arranged ending' or 'fades out'.
The producer of 'live band backing tracks' include the information that this range of backing tracks may have 'backing vocals'. Hit Trax cannot verify the inclusion of backing vocals in this range, therefore these items are sold on the basis that backing vocals may not exits, even where stated as existing. Buyer purchases these items with the knowledge that backing vocals may not be on the particular purchases the buyer makes and agrees to make no claim for exchange or refund. Hit Trax will update the listing where we become aware a song file is listed as having backing vocals and those backing vocals do not exist. Further to this, backing vocals are not included in a song file where the original recording did not have backing vocals in the first instance.
Member Account, Password and Security
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Hit Trax immediately of any unauthorized use of your account or any other breach of security. Hit Trax will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Hit Trax or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Refunds, Returns & Repairs for All Products
MIDI Files, MIDI KARAOKE & MP3 FILES
It is the responsibility of the BUYER to check the CART before proceeding to checkout and making payment. Except for 'exceptions and remedies' shown below, Hit Trax will not issue a refund if the MIDI Files or MP3 backing tracks have been downloaded. Our download system records each download for every order. It is entirely the buyers onus to ensure their devices are equipped to play 'General MIDI' level 1 for MIDI Files and MP3 format if downloading MP3 backing tracks.
The BUYER can delete items from the cart and add items to the cart before making payment by clicking VIEW CART. In VIEW CART all song file selections and any musical instruments and accessories added to the cart are displayed. The BUYER should carefully check all items in the cart and determine the correct format (MIDI FILE, MIDI KARAOKE and MP3), musical instruments and accessories. Incorrect and unwanted selections can be corrected by unchecking the box of the relevant item.
Exceptions and remedies:
1: Where the song file fails to play due to a fault within the song file.
* Hit Trax will fix the fault within 3 working days.
2: Where the song title is different from the actual song
* Hit Trax will swap the incorrect song for the correct song within 3 working days.
All Other non-song File Products including, but not limited to MERISH, X-LIGHT, OKYWEB, etc
Any refund will be for the price of the goods only and only where a return authorization has been assigned to the item and where the items home trial period (7 days) has not expired. Hit Trax will refund the purchase price only. Hit Trax is not liable to refund monies where the currency exchange rate has varied from the rate available on the day of purchase. Freight, packing and insurance costs, both ways, is non-refundable to the buyer. The buyer shall not initiate a charge back through their bank, card provider, PayPal or any other payment gate without first contacting Hit Trax and arranging return of goods and agreed refund amount with a Hit Trax customer service team member. A Return Authorization number will be assigned. No item will be accepted for a refund without a Hit Trax Authorization number. Damaged goods, including inclusions, inner and outer box and packing cartons will incur a reduced refund as these items can no longer be sold as new. Care should be taken on receiving goods to ensure all items, boxes and inner/outer packaging are kept in as new condition until you have decided to keep the goods. Hit Trax reserves the right to deem the amount of a refund where goods arrive in a condition that renders them un-saleable as a new or used item.
Shipping/Insurance Fees for Exchange or Repair
Freight, packing and insurance costs, both ways, are non-refundable and the full responsibility of the buyer. The exception being Hit Trax will cover the cost of return shipping where a repair is deemed the fault of the manufacturer. The buyer will have no claim for shipping/insurance costs other than as specified in this clause.
Import duties/tax federal & state taxes (Backing Track players and other postable items)
Hit Trax is not liable or responsible in any way whatsoever for any import duties, taxes, fees, federal, state, local, or whatever, when a buyer purchases a product from our online stores or distributors. Backing track players and other items that require sending by post are shipped from our Australian warehouse located in the city of Melbourne, Victoria. These items can incur import taxes, duties and other fees. It is the sole responsibility of the buyer to contact their local customs authority to determine if the items they intend to purchase from Hit Trax may or will incur taxes or fees and the sole responsibility of the buyer to pay any fees, additional delivery costs, taxes and duties, incurred by purchasing items from Hit Trax.
Print Lyrics, Track Sheets, Melody Guide, Harmony Vocal Guide & Embedded Lyrics
Lyric/Track Sheets (in a separate .txt file), Melody Lines (melody guide and harmony melody guide) and Embedded Lyrics (lyrics embedded in a MIDI File eg: karaoke scrolling lyrics) - hereafter referred to as 'Guides' are included solely at the programmers discretion. The inclusion of 'Guides' does not form part of the sale price. While every effort is made to ensure accuracy in a song listing, Hit Trax programmers will not be held responsible or liable for any errors or omissions, including but not limited to, the inclusion or accuracy of 'Guides' and information on the website indicating availability of 'Guides'. Under no circumstances will a refund or exchange be made on the inclusion or non inclusion or the accuracy of 'Guides'. In circumstances where it is incorrectly shown 'Guides' exist, Hit Trax will update the listing to reflect the correct status. Therefore, Hit Trax assumes the buyer does not rely on the inclusion of a 'Guides' when making the purchase. Refer to the following information as a non binding guideline.
Free MIDI File and MP3 Backing Track (weekly)
Hit Trax has arranged for permission to release one free MIDI file and MP3 backing track per week as a promotional item for Hit Trax account holders. Buyers can obtain the free title under the following 2 conditions, a) the member is signed in and b) at least one paid title is in the shopping cart.
No Unlawful or Prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Hit Trax server, or the network(s) connected to any Hit Trax server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Hit Trax server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Use of Services
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
Hit Trax has no obligation to monitor the Communication Services. However, Hit Trax reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Hit Trax reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Hit Trax reserves the right at all times to disclose any information as Hit Trax deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Hit Trax's sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Hit Trax does not control or endorse the content, messages or information found in any Communication Services and, therefore, Hit Trax specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Hit Trax spokespersons, and their views do not necessarily reflect those of Hit Trax
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
Materials Provided to Hit Trax or Posted at any Hit Trax Website
Hit Trax does not claim ownership of the materials you provide to Hit Trax (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Hit Trax, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Hit Trax Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. Hit Trax is under no obligation to post or use any Submission you may provide and Hit Trax may remove any Submission at any time in its sole discretion.
Notices and Procedure for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement should be sent to the director. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
J & A Ialuna Pty Ltd
Name of Agent Designated to Receive Notification of Claimed Infringement:
John M Ialuna
Address of Designated Agent to send Notification:
PO Box 6090 Vermont South 3133 VIC, Australia
Telephone Number of Designated Agent: (+613) 9887 8127
Facsimile Number of Designated Agent: (+613) 9887 8127
E-mail Contact of Designated Agent: Contact Hit Trax
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
- Service Provider shall remove or disable access to the material that is alleged to be infringing;
- Service Provider shall forward the written notification to such alleged infringer ("Subscriber");
- Service Provider shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- Service Provider shall promptly provide the Complaining Party with a copy of the Counter Notification;
- Service Provider shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- Service Provider shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.
Links to Third Party Sites
The links in this area will let you leave Hit Trax's site. The linked sites are not under the control of Hit Trax and Hit Trax is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Hit Trax is not responsible for web casting or any other form of transmission received from any linked site. Hit Trax is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or recommendation by Hit Trax of the site. Hit Trax is indemnified of any liability from links to third party web sites generated from our web site.
Unsolicited Idea Submission Policy
Hit Trax or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, MIDI files, mp3 backing tracks, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Hit Trax products or marketing strategies might seem similar to ideas submitted to Hit Trax Please do not send your unsolicited ideas to Hit Trax or anyone at Hit Trax If, despite our request that you not send us your ideas and materials, you still send them, please understand that Hit Trax makes no assurances that your ideas and materials will be treated as confidential or proprietary.
YouTube Viewing and Acceptance
YouTube videos are provided for viewing enjoyment only. Hit Trax and YouTube are not associated in any way. Hit Trax accepts no liability whatsoever for the accuracy or content of any YouTube video displayed on our websites. The presence of a YouTube video does not imply our version of the backing track associated with the YouTube video is identical. All Hit Trax song titles are 'backing tracks' and not the original song. Hit Trax has no affiliation with the original artist. The buyer should never expect any backing track purchased from our websites to sound and replay as shown on any YouTube video. If you find a YouTube video that is offensive or irrelevant to the listed song title contact customer service and report the video.
Copyright © 2000-2018. Hit Trax, PO Box 6090 Vermont South 3133 VIC, Australia. All rights reserved. Any rights not expressly granted herein are reserved. Send your questions regarding Hit Trax Web properties, policy and all other general enquiries and issues to Customer Service.