1. General Conditions
2. Artists Registry
3. Track Donation Terms
4. Copyright and Content Ownership
5. Limited Digital Audio Distribution of Selected Track(s)
6. Cancellation and Termination
General Terms and Conditions
1. Your use of the Service is at your sole risk. The service is provided on an as is and as available basis.
2. Technical support is only provided to Customers, Donors and Account holders and is only available via email (we try to respond within 24 hours).
3. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, A4MD, or any other A4MD service.
4. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by A4MD.
5. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any parties’ intellectual property or these Terms of Service.
6. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any A4MD customer, employee, officer, or director will result in immediate account termination.
7. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
8. You must not upload, post, host, or transmit unsolicited email, SMSs, or spam messages.
9. You must not transmit any worms or viruses or any code of a destructive nature.
10. A4MD does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
11. You expressly understand and agree that A4MD and it's representatives, employees and agents, as well as Radio Stations registered with A4MD and their representatives, employees and agents, shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if A4MD has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
12. The failure of A4MD to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and A4MD and govern your use of the Service, superseding any prior agreements between you and A4MD (including, but not limited to, any prior versions of the Terms of Service).
13. Indemnities. You indemnify and hold us harmless from any damages, liabilities, costs, losses and/or expenses (including legal costs and attorneys’ fees) arising out of or connected with any claim by any third party which is inconsistent with any of the warranties, representations or covenants made by you in submitting your Donation of Track(s) or CD(s).
14. Assignment. We shall have the right, at our election, to assign this agreement or any of our rights hereunder, in whole or in part, or to delegate any of our obligations hereunder, in whole or in part, to any nonprofit corporation, provided that no such assignment shall decrease your rights or increase your obligations hereunder. Nothing contained in this paragraph shall limit our right to subcontract out any services or to sublicense our rights hereunder. You shall not have the right to transfer or assign this agreement nor any interest therein.
(a) This agreement sets forth your and our entire understanding relating to its subject matter. No modification, amendment, waiver, termination or discharge of this agreement or of any its terms shall be binding upon either of us unless confirmed by a document signed by you and by a duly authorized officer of ours. No waiver by you or us of any term of this agreement or of any default hereunder shall affect your or our respective rights thereafter to enforce that term or to exercise any right or remedy in the event of any other default, whether or not similar;
(b) If any provision of this agreement is held void, invalid, illegal or inoperative, no other provision of this agreement shall be affected as a result, and, accordingly, the remaining provisions shall remain in full force and effect as though the void, invalid, illegal or inoperative provision had not been contained herein;
(c) You and we shall each have the status of independent contractors under this agreement and nothing contained herein shall constitute a partnership or joint venture, nor are you an agent or employee. No party is intended to be nor shall be a third party beneficiary of this agreement;
(d) The paragraph headings herein are solely for the purpose of convenience and shall be disregarded completely in the interpretation of this agreement or any of its terms; and
16. This agreement, its validity, construction and effect shall be governed and construed under the laws of the State of Texas applicable to contracts executed therein and wholly to be performed therein notwithstanding the actual place of execution. The exclusive jurisdiction and proper venue for disputes arising hereunder shall be the appropriate state or federal court sitting the county of Travis in the State of Texas. In connection therewith you and A4MD hereby agree to submit to the person jurisdiction of those courts.
17. Questions about the Terms of Service should be sent to info at a4md dot org.
Artists Registry Terms
1. You must be 13 years or older to use this Service.
2. You must be a human. Accounts registered by bots or other automated methods are not permitted.
3. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
Track Donation Terms
1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the donation process.
2. You warrant that you are the owner of the Track identified in the A4MD Track Donation Form or that I am an agent or employee of the owner of the Track and that you have secured the full rights and privileges from any and all copyright owners (including the owners of the sound recordings and the owners of the compositions embodied in the sound recordings) to donate the specified number of downloads to A4MD for charitable purposes.
3. You warrant that the information supplied by in A4MD Donation Form(s) is true and accurate.
4. You hereby give permission to A4MD to publish in it’s Service any additional information, including but not limited to photos, biographical information and song lyrics, submitted by you, whether on A4MD Donation Form(s) or in subsequent communication with A4MD, in relation to the Donation of Track(s) or CD(s)
5. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright laws.
Copyright and Content Ownership
1. We claim no intellectual property rights over the material you provide to the Service. Your profile and information submitted remain yours. However, by submitting Artist, Label, Radio Station and/or Donated Track(s) Profilesand Donated CD Profile(s), and information, including but not limited to photos, biographical information and song lyrics, submitted by you, whether on A4MD Donation Form(s) or in subsequent communication with A4MD, in relation to the Donation of Track(s) or CD(s), you agree to allow others to view your Content.
2. A4MD and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
Limited Digital Audio Distribution of Selected Track(s)
1. The term "Selected Track(s)" refers specifically to digital audio tracks chosen by the Donor during the Donation of Track(s) or the Donation of CDs and Individual Selected Tracks to enable the Selected Track(s) to be featured in the Promotional Activities offered through the A4MD web site.
2. Donors of Track(s) or CDs and Individual Selected Tracks, as Copyright owners of or on behalf of the Copyright owners of Donated Track(s) or Donated CDs and Individual Selected Tracks of Recording Artists and Recored Labels, upon having Donated Track(s) or Donated CDs and Individual Selected Tracks with A4MD, do hereby grant permission to authorize A4MD to allow Customers the ability to stream 45 to 120 seconds of digital audio of Selected Track(s) from their Donated Track(s) or Donated CDs and Individual Selected Tracks.
3. Furthermore, Donors, as Copyright owners of or on behalf of the Copyright owners of Donated Track(s) or Donated CDs and Individual Selected Tracks, do hereby grant permission to authorize A4MD to allow Radio Stations, verified as 501(c)(3) tax exempt organizations and registered with the A4MD, the ability to stream and/or download digital audio files of full length versions of Selected Track(s) strictly for use in the normal course of regular broadcasting purposes.
4. Employees or agents of any Radio Station having registered with the A4MD and who have been authorized by the Radio Station agree to the terms of this permission for limited use of the Selected Track(s) accessible on the A4MD website on behalf of the Radio Station. The Radio Station agrees that it will not use any Selected Track(s) in any way or for any purpose other than in the normal course of its regular broadcasting. Without limiting the foregoing, Radio Station will not knowingly permit its personnel or others to capture the Selected Track(s) for home or personal use or to disseminate or distribute the Selected Track(s) to others in any configuration or means of exploitation other than in the course of Radio Stations normal broadcasting.
Modifications to the Service
1. A4MD reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. A4MD shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.