TERMS OF SERVICE

1. INTRODUCTION

Welcome to Hard Target ("Company", "we", "our", "us")! These Terms of Service ("Terms", "Terms of Service") govern your use of our website located at hardtarget.com (the "Service") and all related applications, data, software, and services offered by Hard Target.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

2. DEFINITIONS

"Host" refers to businesses that display our advertising screens.

"Marketer" refers to entities that place advertisements on our network.

"User" refers to any individual who interacts with our Service in any way.

"Content" refers to advertisements, images, videos, audio, text, graphics, and other material.

3. USE OF SERVICE

Hard Target provides a platform connecting heavy music-oriented businesses (Hosts) with advertisers (Marketers) in the heavy music industry. Our Service includes:

• Management of digital advertising displays
• Content distribution to targeted locations
• Analytics and reporting on advertisement performance
• Technical support for hosts and marketers

You may only use the Service for lawful purposes and in accordance with these Terms. You agree not to use the Service:

• In any way that violates any applicable law or regulation
• To transmit or promote any harmful, offensive, or discriminatory content
• To attempt to interfere with or compromise the system integrity or security
• To collect or track personal information of others
• To impersonate or misrepresent your affiliation with any person or entity

4. ACCOUNT REGISTRATION

To access certain features of the Service, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. CONTENT

Our Service allows Marketers to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material. All content must comply with our Content Guidelines, which prohibit:

• Illegal or harmful content
• Infringing on intellectual property rights
• False or misleading information
• Malicious code or harmful technology
• Explicit sexual content
• Excessive profanity
• Hate speech or discrimination

Hard Target reserves the right to review and approve all content before displaying it on our network. We may refuse any content at our sole discretion.

6. INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Hard Target and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

By submitting Content to the Service, you grant Hard Target a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, distribute, and display such Content in connection with providing the Service.

7. PAYMENT TERMS

For Marketers: Payment for advertising services is due upon campaign approval. Prices are set according to our current rate card and may vary based on campaign length, targeted DMAs, and other factors.

For Hosts: Hard Target will pay hosts a percentage of advertising revenue generated by displays in their venues. Payment terms and percentages will be detailed in individual Host Agreements.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

8. TERMINATION

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including but not limited to a breach of the Terms.

For Hosts, early termination may be subject to equipment return fees as specified in the Host Agreement.

9. LIMITATION OF LIABILITY

In no event shall Hard Target, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use or alteration of your transmissions or content

10. DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

11. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

12. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.