Terms Of Use
(last revised September 7, 2007)
The Music for All Website and Music for All Network services and networks (collectively, “Site” or “the Service”) are fully controlled and operated by Music for All, Inc. and its corporate affiliates (collectively, “us”, “we” or “Music for All”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING WWW.musicforall.org WEBSITE or enrolling in or subscribing to the Music for All Network. By accessing and using this Site, or by posting or making available for share information on your site or page in the Music for All Network, you are hereby agreeing to be legally bound that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use” or “Agreement”), whether or not you are a registered member of the Network.
If you do not agree to these Terms of Use, do not use this Site or Service. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
MUSIC FOR ALL’S CAUSE AND MISSION
Our work is our passion, our passion is our cause, and our cause is our name: Music for All. Music for All’s mission is to create, provide and expand positively life-changing experiences through music for all.
The Music for All Website, Music for All Network, Mymusicforall.org and all related forums, list serves, operating division web pages, and social networking utilities were created as and intended to be communications vehicles to support the Music for All mission. We intend their use as a clearing housing for information, the exchange of ideas, and as a meeting place, discussion host and social networking tool for music makers and music consumers, including music students, music educators, parents, and other who believe in and support the cause of Music for All.
PARTICIPATION AND MEMBERSHIP
Music for All’s goal is to provide a valuable service to music makers and those who appreciate music. This Site is open to all persons that share that interest. Notwithstanding the foregoing, Membership in the Service is void where prohibited. This Site is intended solely for users who are thirteen (13) years of age or older, and users of the Site under 18 who are currently in middle school, high school (or home schooled) or college. Any registration by, use of or access to the Site by anyone under 13, or by anyone who is under 18 and not in high school (or home school) or college, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and in middle school or high school (or home schooled) or college, or else that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement and these Terms of Use.
REGISTRATION DATA PROVIDED AND ACCOUNT SECURITY
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
RESERVATION OF PROPRIETARY AND OWNERSHIP RIGHTS; LIMITED LICENSE
The Website, the Music for All Network and related forums or services, and are the property of Music for All, Inc. (“Music for All”) or duly licensed to Music for All for its use. As such, all content on the Site and available through the Service, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of the Music for All, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Music for All’s prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the material or Site Content. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Music for All, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether directly or indirectly, by express or implied contract, or by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
TRADE AND SERVICE MARKS
Music for All, Music for All Foundation, Revelli Foundation, Bands of America, Orchestra America, Honor Band of America, Honor Orchestra of America, Jazz Band of America, myMusicforAll, Music for All Network and other graphics, logos, designs, page headers, button icons, scripts and service names are either registered trademarks, trademarks, servicemarks, or trade dress of Music for All in the U.S. and/or other countries. Music for All’s trademarks, servicemarks, and trade dress may not be used, including as part of trademarks, servicemarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Music for All.
NON-COMMERCIAL USE
You understand that, except for advertising programs offered by us on the Site (e.g., Music for All Network resource exchanges, Job Board and eClassifieds, etc.), the Service and the Site are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
A. harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
B. use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
C. use automated scripts to collect information from or otherwise interact with the Service or the Site;
D. upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
E. upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you, your school or musical organization or your friends, (ii) are taken or owned by you, your school or musical organization or your friends, or (iii) are original art or animation created or owned by you, your school or musical organization or your friends;
F. register for more than one User account, register for a User account on behalf of an individual other than yourself, or, except as authorized by the Music for All Network, register for a User account on behalf of any group or entity;
G. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
H. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
I. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
J. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
K. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
L. intimidate or harass another;
M. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
N. use or attempt to use another’s account, service or system without authorization from Music for All, or create a false identity on the Service or the Site.
O. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Music for All, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Music for All or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by our Code of Conduct (as it appears below) that provides further information regarding the authorized conduct of users of the Site, the Music for All Network, musicforall.org, and mymusicforall.org.
USER CONTENT POSTED ON THE SITE
You are solely responsible for the photos, profiles, messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, “post”) on or through the Service or the Site, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Music for All may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of Music for All violates this Agreement or the Music for All Code of Conduct (see below), or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Music for All.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Music for All an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire and Music for All will not continue to use or create new derivative works, however you acknowledge that Music for All may retain archived copies of your User Content and continue to use any work or derivative work(s) previously created from User Content provided by you.
MUSIC FOR ALL USER CODE OF CONDUCT – SERVICE RULES OF PARTICIPATION (WEB, SOCIAL NETWORK, FORUMS AND CHATROOM)
Music for All can and does exercise its right to establish guidelines and expectations for the use of this Service and Site and communications and information placed upon the Site.
The Music for All Network, musicforall.org, my.musicforall.org. sites (collectively and individually known as the “Site” or “Sites”), and related Music for All social network features, chatrooms and forums are information and social networking utilities are intended to connect people with friends, colleagues and others who support, believe in and aspire to achievement of the cause and mission of Music for All – “to create, provide and expand positively life-changing experiences through music for all.” We invite people to use my.musicforall.org and the Site(s) to help communicate with each other, to share ideas and links, to share photos and videos of themselves, their friends and related activities, and to learn more about the people in the Music for All Network. We require that my.musicforall.org and other Sites be a places where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established rules for using my.musicforall.org and the Site, and for posting messages, photos, video and other content (“Content” or “User Content”) on my.musicforall.org, which rules are set forth in our Terms of Use and in this Music for All User Code of Conduct. WHEN YOU USE MY.musicforall.org OR THE SITES, YOU ARE AGREEING TO ABIDE BY THE USER CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON MY.musicforall.org, WITH OR WITHOUT NOTICE, AS DETERMINED BY MUSIC FOR ALL IN ITS SOLE DISCRETION. Please refer to our Terms of Use for more information about the rules applicable to your use of my.musicforall.org and musicforall.org and the other rights and remedies of Music for All.
To the extent that portions of this Site provide users an opportunity to submit, post and/or exchange information, ideas, opinions, photographs, images, video, creative works, or any other material (hereafter, the “User Content”), please be advised that such postings and User Content do not necessarily reflect the views of Music for All. In no event shall Music for All assume or have any responsibility or liability for any postings or User Content, or for any claims, damages or losses resulting from their use and/or appearance on this Site.
By entering and participating in a Music for All social network, chatroom or forum, you must agree to the following terms and conditions of participation. Your use of the Site will be deemed conclusive evidence of your agreement to Music for All’s Terms of Use and Code of Conduct.
By submitting a Posting, you further authorize Music for All to use, and authorize others to use, such Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. By submitting a Posting or other User Content, you represent and warrant that you have all necessary rights in such Posting and all information contained therein and that such Posting or User Content does not contain libelous, tortuous, or otherwise unlawful information which may infringe upon the rights of any third party.
Third-Party Content
My.musicforall.org and musicforall.org may allow you to upload and share user generated User Content with your friends, such as photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and video that are of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends. It is not intended as a place for you to post third-party copyrighted content, such as copies of marching band shows, public or private concerts you attended, or your favorite music video. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using my.musicforall.org and musicforall.org, you may not:
• upload or share any photographs, videos or other User Content other than original works that are created by you or another user
• post or share any User Content that infringes upon or violates the copyright, trademarks or other rights of any third party
• attempt to circumvent any content filtering techniques we may employ
Inappropriate Content
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a our community. Therefore, you may not post or share User Content that:
• is obscene, pornographic or sexually explicit
• depicts physical violence of any kind
• makes threats of any kind or that intimidates, harasses, or bullies anyone
• is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful, or intended to be to any person or organization
In all cases Music for All reserves the right (but not necessarily the obligation) to interpret and make a determination concerning any content or User Content it believes to depict any of the foregoing or violate our prohibitions. All Music for All decisions are final and in its sole discretion.
Unlawful or Harmful Content or Conduct
Although as an online service provider, we are not responsible for the conduct of our users, we want the Music for All Network, musicforall.org and my.musicforall.org to be a safe place on the internet. Therefore, in using the Site(s), you may not:
• violate any local, state, national or international law or post any User Content that would encourage or provide instructions for a criminal offense
• impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity
• use the Sites to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation
• post or share any personally identifiable or private information of any third party
• solicit passwords or personal information from anyone, including those under age 18
• use information or content you obtained on the Sites or service in any manner not authorized by the Music for All Code of Conduct or Terms of Use
• post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
• register for more than one account or use or attempt to use another’s account, service or system without authorization or create a false identity on the Service or the Site
• engage in any predatory or stalking conduct
Standards, Rules and Guidelines for Participation (Conduct in Social Network, Forums and Chatrooms)
Music for All’s standard of conduct is based on what we believe to be appropriate communications for “average” American citizens, families and teens.
1. Strong opinions and criticism or commentary are allowed. However, Music for All social networks, forums and chat communications should not contain profanity, vulgar language, crude or explicit sexual references, hate speech or vile or vulgar attacks upon persons, schools, communities or other institutions. You are expected to treat others as you would have them treat you!
2. Promotion or discussions about advocating or suggestive of violence or drug abuse is not permitted. While discussions about coping with and avoidance of drug abuse are timely, appropriate and permitted for teens and families, discussions about or depictions of illegal drug abuse and violence that imply acceptability are not.
3. The post, transmission, promotion or distribution of illegal content is not permitted.
4. Harassment, threats, communications intended to embarrass or to do anything else to another person or institution that is harmful or offensive is not permitted.
5. Communications that is or is intended to be unduly harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, or in a reasonable person’s view, objectionable, is not permitted. Hate speech is illegal. Disparaging or negative comments regarding regionalism (geographic), gender, race, ethnicity, color, age, sexuality, or handicap are not permitted.
6. You may not pretend to be anyone who you are not. Impersonations are not permitted and are also illegal.
7. Your User Content and posts must comply with copyright and trademark laws. Your User Content, posts, messages, forum participation and other materials placed by you on this site are considered “public.” By submitting or posting content here, you are representing that you are the owner of such material or have authorization to distribute it. Once posted, you expressly agree to allow, and grant Music for All the right, to use, reproduce, modify and/or distribute the content anywhere and in form and manner desired by Music for All.
8. Music for All Social Network resources, forums and chatrooms may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any for-profit, third party business activity, unless such organization is a member of the Music for All Network and has joined to associate with and accomplish the mission of Music for All.
If you believe that any information provided on this Site(s) violates the Rules and Guidelines of Participation, Terms of Use of this Site(s), or otherwise infringes upon the rights of any third party, please send us an e-mail.
Penalty for Violations
MUSIC FOR ALL reserves the right and will do the following in the event it deems there to be a violation(s) of the User Agreement, Terms of Use, or other considerations or rules and guidelines for participation.
A. Issue a warning to the violator.
B. Terminate and remove the violator’s post or message.
C. Terminate the violator’s ability to access the the Music for All Network, and/or Music for All forums and chatrooms.
D. Terminate the Music for All Network account (and provide no refund).
E. Endeavor to communicate with the parent (of a violator who is a minor) and school/teacher (if applicable) of any violator where Music for All has reason and ability to know and identify the originator of the inappropriate or illegal post.
None of the foregoing is intended to create any procedural or legal rights in or for participants in Music for All Network, or Music for All’s chatrooms or forums. The foregoing is Music for All ‘s unilateral statement of rights and privileges for regulation of its Websites and components.
Additional Points for Consideration
1. Music for All will not routinely prescreen the content on its Network, forums and chatrooms. As such, Music for All does not assume any responsibility or liability for content that is provided by others. Music for All reserves the right to remove content that, in Music for All’s sole judgment and opinion, does not meet its standards or does not comply with the guidelines for posts, User Content and participation.
2. Music for All intends to be a forum for and facilitator of discussion concerning music and arts education, family and community life, band, orchestral and choral education and events, and student and teen related issues of personal growth, citizenship, and leadership development. Music for All intends to allow participants, within the context of this Agreement and Music for All’s standards, to create their own content and voice their own opinions. We encourage participants to express views and viewpoints, so long as the manner and terms of expression are within good taste and character consistent with Music for All’s mission.
3. Music for All will not generally sell to or share personal information (Login Request Form Information) with anyone. Sometimes Music for All will, for its own marketing and promotion use, and for the use of its sponsors or others it deems to be of interest to our subscribers and Users, provide Login Request Form information to others. See our Privacy Policy for more on the collection of personal information.
Special Note for Parents and Teachers
Music for All Sites are intended for general audiences and use. We strongly and highly recommend that you monitor and place your own guidelines on use of the Sites by your children and students. The value and integrity of the Sites and their use depend in large part of the standards maintained by the Users (members of its community). We encourage you to engage minors that use the Sites in discussions of appropriate and acceptable standards of use and behavior in using the Sites.
This User Content Code of Conduct is subject to change at any time at Music for All’s sole discretion.
COPYRIGHT COMPLIANCE AND COMPLAINTS
Music for All respects the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on Music for All Websites or Service any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described herein below, we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes upon any copyright that you own or control, you may send a written notification of such infringement to our Designated Agent.
A. Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on a Music for All Website or Service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
1. Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, “The copyrighted work is my content that appears at https://www.mycontentpage.com/item1_qjofkrns123.” If multiple copyrighted works at a single online site are covered by your Notification, you may provide a representative list of such works at that Site.
2. Identify the URL or other specific location on the Music for All Website or Service that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, “The content at the following URL infringes on my copyright: https://www.anothercontent.com/item2_hjdsi899.”
3. Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf.
4. Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
5. Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
6. Include your name, mailing address, telephone number and email address.
You may submit your Notification of Alleged Copyright Infringement via fax, mail, or E-Mail to our Designated Agent as set forth below:
Webmaster
Music for All, Inc.
39 W. Jackson Place, Suite 150
Indianapolis, IN 46225
Phone: 317.636.2263
Fax: 317.524.6200
E-Mail: webmaster@musicforall.org
Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B below by which the alleged infringer may respond to your claim and request that we restore this material.
B. Counter Notification
If you believe your own copyrighted material has been removed from our Website and/or Service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.
3. A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party’s agent.
4. Your name, address and telephone number.
5. A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
6. Your physical or electronic signature.
You may submit your Counter Notification via fax, mail, or E-Mail to our Designated Agent as set forth below:
Webmaster
Music for All, Inc.
39 W. Jackson Place, Suite 150
Indianapolis, IN 46225
Phone: 317.636.2263
Fax: 317.524.6200
E-Mail: webmaster@musicforall.org
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
REPEAT INFRINGEMENT POLICY
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, Music for All has adopted a policy of terminating, in appropriate circumstances and at Music for All ‘s sole discretion, members who are deemed to be repeat infringers. Music for All may also at its sole discretion limit access to the Site(s) and/or terminate the memberships or User privileges of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
THIRD PARTY WEBSITES AND CONTENT
The Site(s) contains (or you may be sent through a Site or the Service) links to other Websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “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 Music for All, and we are 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 without limitation 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 Music for All. 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.
SHARE SERVICE
The Music for All Network offers a feature whereby Users of the Site can share with others or post to their own member profile, videos, articles and other Third Party Applications, Software or Content from, and/or links to, Third Party Sites through the Service (the “Share Service”). You acknowledge and agree that your use of the Share Services and all links, User Content or Third Party Applications, Software or Content shared through the Share Service is subject to, and will fully comply with the user conduct rules set forth above and the other terms and conditions set forth in these Terms of Use.
USE OF SHARE LINKS BY ONLINE CONTENT PROVIDERS
Subject to the terms and conditions of these Terms of Use, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by Music for All, on pages of their websites to facilitate use of the Share Service. A Third Party Site that posts a Share Link on its website is referred to herein as an “Online Content Provider” and shall abide and be subject to the applicable sections of these Terms of Use. A “Share Link” is a button and/or a text link appearing on an Online Content Provider’s web page that, upon being clicked by a User, enables us to launch a sharing mechanism through which Users can share with others or post to their own member profile, links and content from that page.
In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of Music for All, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider’s site and solely in the current form provided by Music for All. In the event that the Share Link is a text link, it must include the phrase ” Music for All Network” as part of the link. The rights granted in this paragraph may be revoked by Music for All at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.
In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a User would be a violation of the User conduct rules set forth in these Terms of Use. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such website does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Music for All or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold the Music for All, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.
By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to the Music for All an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.
JOB BOARDS AND CLASSIFIEDS AT MUSIC FOR ALL
The Music for All Network offers professional and other musical connections to its Members and affiliates that relate to and support Music for All’s mission and cause. The Music for All Job Boards and Classifieds enables users to connect with each other by posting classified ads on the Music for All Network (“Job Boards” and “e-Classifieds”). All listings posted on or through Music for All Sites (“Listings”) and all transactions conducted in connection therewith, are subject to and governed by these Job Boards and Classifieds Guidelines (the “Guidelines”) as well as the Music for All and Site Terms of Use. WHEN YOU USE MUSIC FOR ALL JOB BOARDS AND CLASSIFIEDS IN ANY MANNER YOU ARE AGREEING TO ABIDE BY THESE GUIDELINES (“GUIDELINES”), ACCESS AGREEMENT (“AGREEMENT”) AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE.
Please note that all Listings are posted and offered by the User, not by the Music for All, and the parties participating in a transaction are solely responsible for all aspects of such transaction and for resolving any disputes that arise in connection therewith, including but not limited to payment processing, fulfillment and customer support.
Music for All Job Board and e-Classifieds Guidelines and Access Agreement
Please read this these Guidelines and Agreement carefully before accessing the Music for All Job Board and/or e-Classifieds. As a condition to and in consideration of receiving and accessing the Music for All e-Classifieds or Job Boards, the User agrees to be bound by the terms of this Agreement. Use of or access to the Music for All Job Boards and/or e-Classifieds shall constitute acceptance of and agreement to be bound by this Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS THE Music for All Job Boards or e-Classifieds. If you have any questions about this Agreement, please contact us via e-mail at webmaster@musicforall.org.
Music for All Job Board and e-Classifieds Access Agreement
THIS AGREEMENT “Agreement” is entered into by and between Music for All, Inc. and any individual, corporation, association, agency, company, or other entity who accesses or uses the Music for All Job Board and/or e-Classifieds (the “User” or “you”).
The Music for All Job Boards and e-Classifieds, which are provided without charge to you, is a part of the Music for All Network Website Site on the Internet (“Site”) that is designed to allow Users to post jobs and classified ads and/or to view job posts and classifieds ads posted by other users or to interact with those users. The Music for All e-Classifieds is owned and operated by Music for All. The Music for All e-Classifieds contain or may contain information, communications, opinions, text, graphics, links, electronic art, animations, audio, video, software, photos, music, sounds and other material and data (collectively, “Content”) formatted, organized and collected in a variety of forms that are generally accessible to Users, including directories and databases, and areas of the Music for All e-Classifieds and Job Boards that can be modified by Users, such as posting ads, uploading multimedia files, registering user profiles, and creating Auto-Notify profiles (“Interactive Areas”).
1. User Rights and Responsibilities
1.1 Access to the Music for All e-Classifieds.
You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the Music for All e-Classifieds and Job Boards and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the Music for All e-Classifieds and Job Boards.
1.2 User Conduct.
You agree to access and use the Music for All e-Classifieds and Job Boards only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Music for All e-Classifieds, including any Interactive Area, (ii) the use of any networks or other services connected to the Music for All e-Classifieds and Job Boards, and (iii) the communications means by which you connect your modem, computer, or other equipment to the Music for All e-Classifieds and Job Boards. By accessing the Music for All e-Classifieds and Job Boards, you agree that you will not:
(1) restrict or inhibit any other user from using and enjoying the Interactive Areas and features;
(2) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law;
(3) post or transmit any information, software, or other material which violates or infringes on the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
(4) post or transmit any information, software or other material which contains a virus or other harmful component;
(5) alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access the Music for All Job Boards or e-Classifieds;
(6) disrupt the normal flow of communication in an Interactive Area;
(7) claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorized to claim such a relationship;
(8) violate any operating rule, policy or guideline of your Internet access provider or online service.
2. Intellectual Property Rights
2.1 Music for All e-Classifieds and Job Board content.
(a) You acknowledge that Content on the Music for All e-Classifieds and Job Boards are generally provided by the Music for All e-Classifieds, Music for All Job Boards, individual contributors of Content (“Contributors”), third party licensees, and/or other Users. You acknowledge that the Music for All e-Classifieds and Job Board permit access to Content that is protected by copyrights, trademarks, and other proprietary (including intellectual property) rights (“Intellectual Property Rights”), and that these Intellectual Property Rights are valid and protected in all media existing now or later developed and except as is explicitly provided below, your use of Content shall be governed by applicable copyright and other intellectual property laws. You acknowledge that the Music for All e-Classifieds and Job Boards own a copyright in the “look and feel,” i.e., the selection, coordination, arrangement and presentation of such Content.
(b) You may not modify, copy, reproduce, transmit, distribute, publish, create derivative works from, display or otherwise transfer or commercially exploit any of the Content, in whole or in part, provided, however, that you may (i) make a reasonable number of digital or other form of copies to permit your computer hardware and software to access and view the Content, (ii) print one copy of each piece of Content, (iii) make and distribute a reasonable number of copies of Content, in whole or in part, in hard copy or electronic form for internal use only. Any permitted copies of Content must reproduce in an unmodified form any notices contained in the Content, such as all Intellectual Property Right notices, and an original source attribution to “The Music for All e-Classifieds,” “Music for All Job Boards” and their respective URL addresses. You acknowledge that the Music for All e-Classifieds and Job Board, their Contributors, and/or Users remain the owners of the Content and that you do not acquire any Intellectual Property Rights by downloading or printing Content.
2.2 Content Provided by User.
You may upload to any Interactive Area or otherwise transmit, post, publish, reproduce or distribute, on or through the Music for All e-Classifieds and Job Boards only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorization for distribution over the Internet and on the Music for All e-Classifieds or Job Boards, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Interactive Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to the Music for All e-Classifieds and Job Boards the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit the Music for All e-Classifieds and Job Boards to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content. You also permit any User to access, view, store and reproduce the Content for personal use.
3. Interactive Areas
You acknowledge that the Music for All e-Classifieds and Job Boards may include various interactive areas (“Interactive Areas”), including but not limited to classified ads. These Interactive Areas allow feedback to the Music for All e-Classifieds and Job Boards and real-time interaction between Users. You further understand that the Music for All e-Classifieds and Job Boards do not control the messages, information, or files delivered to such Interactive Areas and that the Music for All e-Classifieds and Job Boards may offer you and other Users the capability of creating and managing an Interactive Area. However, neither the Music for All e-Classifieds, the Music for All Job Board, Music for All, its subsidiary and parent companies, or affiliates, nor their respective directors, officers, employees and agents are responsible for Content within any Interactive Area. Your use and/or management of an Interactive Area will be governed by this Agreement and any additional rules or operating procedures of any Interactive Area established by you or another User, as applicable. You recognize that the Music for All e-Classifieds and Job Boards cannot, and do not intend to, screen communications in advance. Moreover, because the Music for All e-Classifieds and Job Boards encourage open and candid communication in the Interactive Areas, the Music for All e-Classifieds and Job Boards cannot determine in advance the accuracy or conformance to this Agreement of any Content transmitted in an Interactive Area. The Music for All e-Classifieds and Job Boards are not responsible for screening, policing, editing, reviewing or monitoring any Content in an Interactive Area. Notwithstanding the above, you agree that the Music for All e-Classifieds and Job Boards have the right to monitor any Interactive Area, from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Interactive Area, or to protect itself or other Users. If notified of Content that is alleged not to conform to this Agreement, the Music for All e-Classifieds and Job Boards may investigate the allegation and determine in its sole discretion whether to remove or request the User to remove such Content. The Music for All e-Classifieds and Job Board reserve the right to prohibit conduct, communication or Content within an Interactive Area, or to edit, refuse to post, or to remove any Content, in whole or in part, which it deems in its sole discretion to (i) violate the then-standard provisions of this Agreement or any other standard, written Music for All e-Classifieds and Job Board policy in effect at that time, (ii) be harmful to the rights of any User, the Music for All e-Classifieds and Job Boards, or other third parties, (iii) violate written Music for All or Music for All Network policies, or standards in keeping with its Mission, written or unwritten (iv) violate applicable law, or (v) be otherwise objectionable.
4. Termination
The only right with respect to dissatisfaction with any policies, guidelines, or practices of the Music for All e-Classifieds and Job Boards in operating the Music for All e-Classifieds and Job Boards, or any change in Content, is for you to discontinue accessing the Music for All e-Classifieds and Job Boards. The Music for All e-Classifieds and Job Boards may terminate or temporarily suspend your access to all or any part of the Music for All e-Classifieds or Job Boards, without notice, for conduct that the Music for All e-Classifieds and Job Boards believes is a violation of this Agreement or any policies or guidelines posted by the Music for All e-Classifieds and Job Boards, or for other conduct which the Music for All e-Classifieds and Job Boards believes, in its sole discretion, is harmful to the Music for All e-Classifieds and Job Boards or other Users. The Music for All e-Classifieds and Job Boards may discontinue operating the Music for All e-Classifieds and Job Boards, and terminate this Agreement without notice at any time for any reason in its sole discretion. In the event of termination, you are no longer authorized to access the Music for All e-Classifieds and Job Boards, including the Interactive Areas, and the restrictions imposed on you with respect to Content downloaded from the Music for All e-Classifieds and Job boards, as well as the disclaimers and limitations of liabilities set forth in this agreement, shall survive.
5. Links; Disclaimers Of Warranties; Limitations of Liability
5.1 Links. You understand that except for Content, products or services expressly available at the Music for All e-Classifieds and Job Boards, neither the Music for All e-Classifieds and Job Boards, Music for All, nor its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents controls, provides, or is responsible for any Content, goods or services available through sites on the Internet linked to or from the Music for All e-Classifieds or Job Boards. All such Content, goods and services are made accessible on the Internet by independent third parties and are not part of the Music for All e-Classifieds and Job Boards or controlled by the Music for All e-Classifieds and Job Boards. The Music for All e-Classifieds and Job Boards neither endorses nor is responsible for the accuracy, completeness, usefulness, quality or availability of any Content, goods or services available on any site linked to or from the Music for All e-Classifieds and Job Boards, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. Neither the Music for All e-Classifieds and Job Boards, Music for All, not its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, and agents shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any Content, goods or services available on any site linked to or from the Music for All e-Classifieds and Job Boards or your inability to access the Internet or any site linked to or from the Music for All e-Classifieds or Job Boards.
5.2 Disclaimer of Warranties. Please use your best judgment in evaluating all information contained or opinions expressed on the Music for All e-Classifieds and Job Boards. It is the policy of the Music for All e-Classifieds and Job Boards not to endorse or oppose any opinion expressed by a User or Content provided by a User, Contributor, or other independent party or the authority, completeness, usefulness, non-infringement, reliability, availability, or substance of any content, information, service, or transaction provided through the Music for All e-Classifieds and Job Boards or any site linked to or from the Music for All e-Classifieds. The Music for All e-Classifieds and Job Board are provided on an “as is,” “as available” basis, without warranties of any kind, either express or implied, including, without limitation, those of merchantability and fitness for a particular purpose.
5.3 Limitation of Liability. Under no circumstances shall the Music for All e-Classifieds and Job Boards, Music for All, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable for any incidental, special or consequential damages under or arising from this agreement, the Music for All e-Classifieds and Job Boards, or any internet site linked to or from the Music for All e-Classifieds and Job Boards, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, including without limitation, any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, computer virus, communications line failure, breakdown of equipment, software error, infringement, unauthorized access to, or theft, destruction, alteration, or use of, records.
Under no circumstances shall the Music for All e-Classifieds and Job Boards, Music for all, its subsidiary and parent companies, or affiliates, or their respective directors, officers, employees, agents, contractors, or licensors, be liable to you or any other third party for any decision made or action taken by you in reliance on the content contained within the Music for All e-Classifieds and Job Boards or the content contained within any internet site linked to or from the Music for All e-Classifieds and Job Boards. The content within the Music for All e-Classifieds and Job Boards and the content within Internet sites linked to or from the Music for All e-Classifieds and Job Boards may include technical or other inaccuracies or typographical errors. Changes are periodically added to the content herein; these changes will be incorporated in new versions of the Music for All e-Classifieds and Job Boards and specifically are included in this section agreement. The Music for All e-Classifieds and Job Boards and its contributors may make improvements and/or changes in the content at any time and from time to time.
You specifically acknowledge and agree that the Music for All e-Classifieds and Job Boards are not liable for any defamatory, offensive, fraudulent, or otherwise illegal conduct of any user. If you are dissatisfied with any Music for All e-Classifieds or Job Boards site content, or with the access agreement of the Music for All e-Classifieds or Job Boards, in whole or in part, your sole and exclusive remedy is to discontinue using the Music for All e-Classifieds and Job Boards.
6. Indemnity
You agree to indemnify and hold the Music for All e-Classifieds and Job Boards, Music for All, its parent or subsidiary companies and their affiliates, and their respective directors, officers, employees, and agents from any and all liabilities, claims and expenses, including reasonable attorneys fees, arising from breach of this Agreement, any other policy, your use or access of the Music for All e-Classifieds and Job Boards or any Internet site linked to or from the Music for All e-Classifieds and Job Boards, or in connection with the transmission of any Content on the Music for All e-Classifieds and Job Boards.
7. Miscellaneous
This Agreement comprises the entire agreement between the Music for All e-Classifieds and Job Boards, Music for All and you, and supersedes any prior agreements with respect to the subject matter herein. The Music for All e-Classifieds and Job Boards may revise this Agreement or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the Music for All e-Classifieds and Job Boards. You agree to review this Agreement periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the Music for All e-Classifieds and Job Boards. Your continued accessing and use of the Music for All e-Classifieds and Job Boards following notice of any such revision shall conclusively be deemed acceptance of all such revisions. The provisions of Sections 1.2, 2.1, 2.2, 5.1, 5.2, 5.3, 6 and 7 shall survive the termination or expiration of this Agreement. If any provision of this Agreement or any other policy be held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of the Music for All e-Classifieds and Job Boards or Music for All to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the state or province of domicile and principal place of business of the Music for All e-Classifieds and Job Boards and Music for All (Indiana), excluding its conflict of laws rules, and you and the Music for All e-Classifieds and Job Board each submit to the exclusive jurisdiction of the courts of that state or province. This Agreement is personal to you and you may not assign your rights or obligations thereunder to anyone. All logos, brand names, products, trademarks and service marks appearing herein may be the trademarks or service marks of their respective owners. References to any trademark, service mark and links to or from the Music for All e-Classifieds and Job Board have been done strictly for clarification and identification and does not constitute endorsement by the Music for All e-Classifieds or Job Boards of the products, services or information offered by the owner of such trademark, service mark or link or endorsement of the Music for All e-Classifieds by such trademark, service mark or link owner.
MUSIC FOR ALL JOB BOARDS AND CLASSIFIEDS LISTING RULES
• All Listings must be accurate and not misleading, and you may not use the Service or Site in a fraudulent manner or to engage in any fraudulent activity or purpose or to impersonate any person or entity.
• You may list an item in only one Listing at a time per network, and in the most appropriate category.
• You may not use Music for All e-classifieds for real estate listings.
• You may not list any item for sale, lease or rent that is not in your possession or that you do not have the right to sell lease or rent at the time the item is listed.
• You may not post any material that contains or links to any viruses, worms, Trojan horses, corrupted data or other harmful, disruptive or destructive files or programs.
• You may not post in your Listings any content that is infringing, obscene, offensive, harassing, hateful, inflammatory, abusive, defamatory, harmful, fraudulent, or invasive or privacy or publicity rights or otherwise violates these Guidelines or the Terms of Use.
• You may not promote, encourage or solicit illegal activity of any kind.
• You may not offer, list, sell or lease any items that are designated in these Guidelines as Prohibited Items or that would violate these Guidelines in any manner.
All Listings and all transactions entered into through the Music for All e-classfieds and Job Board must comply with all applicable laws, rules, regulations a