ARTISTS FOR MEDIA DIVERSITY - TERMS OF SERVICE
(Effective as of September 5, 2017)
ABOUT THE SERVICE
The Service allows you to view information about our services and projects and to contact us via the Service.
RULES FOR USER CONDUCT AND USE OF THE SERVICE - GENERAL TERMS AND CONDITIONS
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.
4. Your use of the Service is at your sole risk. The service is provided on an as is and as available basis.
5. Technical support is only provided to Customers, Donors and Account holders and is only available via email (we try to respond within 24 hours).
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. You must not upload, post, host, or transmit unsolicited email, SMSs, or spam messages.
12. You must not transmit any worms or viruses or any code of a destructive nature.
13. 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.
14. 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.
15. 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).
16. 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).
17. 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.
18. 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.
(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
20. 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.
21. Questions about the Terms of Service should be sent to bk(at)a4md(dot)org.
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
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) Profiles and 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.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringer Accounts. The Organization respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Organization has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Organization may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the Organization designated copyright agent at
bk (at) a4md (dot) org:
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description 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;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Organization copyright agent, the Organization may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Organization's discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
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.
ONLINE CONTENT DISCLAIMER
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Organization may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Organization has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Organization, and the Organization is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Organization and special offers. You may opt out of such email by sending an email to bk(at)a4md(dot)org
Opting out may prevent you from receiving messages regarding the Company or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE ORGANIZATION EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE ORGANIZATION, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE ORGANIZATION OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ORGANIZATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Organization to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Organization must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.