SoundSafe

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Terms & Conditions

EFFECTIVE AS OF May 21, 2008

I. INTRODUCTION

Welcome to WWW.SOUNDSAFE.ORG (the “Website”). The Website is owned and operated by SoundSafe, Inc. (hereinafter “SoundSafe” or “us” or “we”), a Section 502© non-profit organization duly filed in the State of California. We are a community of musicians and artists . The Website was established to provide educational and informational resources to all visitors, as well as a home for musicians to share their songs, experiences, contacts, and vision. In order to provide for the long-term success of SoundSafe, we require all visitors (“you,” “visitors,” or “Registered User”) to the Website to accept the following Terms of Service (“Terms,” or “Agreement”). Please note that these Terms create a binding contract between SoundSafe and you, and by visiting and accessing the Website, you agree the Terms, without limitation and in all instances. SoundSafe reserves the right to amend, change, alter or revise these Terms without notice to you, and in our sole discretion. If you will not or cannot agree to the Terms, please do not use our Website. By accessing our Website you further agree to the terms of our Privacy Policy.

II. USE OF THE WEBSITE

A. General.

Our Website is for personal use of Visitors and Registered Users. Although we encourage communication and/or networking among and between visitors and/or Registered Users, any products, photos, music, videos, text, services, notices, blogs, resources, information, social networking (Profiles, for example) (as more fully described below) and any other aspect of the SoundSafe community are not meant to be a commercial enterprise except to the extent that any such communication or activity promotes SoundSafe’s Mission. However, SoundSafe has not the right or authority to prevent communication among and between visitors and/or Registered Users from establishing and/or executing commercial relationships outside or externally to the Website. You agree, however, that any such commercial and/or contractual relationships and/or transactions shall not be conducted within the services or communications tools provided on the Website. You further agree to indemnify and hold harmless SoundSafe, Inc., its affiliates, parent or subsidiary companies, licensees, assigns, employees, and Board of Directors, and distribution and syndication partners for any and all transactions, commercial or otherwise, that may occur as a result of your using the Website. This Agreement shall not under any circumstances create the relationship of joint venture or part¬ner¬ship between us and you. Nothing in this paragraph shall prevent visitors or Registered Users from promoting, sharing, communicating, advertising or providing information as long as that such communication is in compliance with any and all policies established by SoundSafe, and any applicable law.

B. Registration/Privacy Policy:

Although we strive to provide valuable resources to all visitors of the Website, we require you to provide certain Confidential Personal Information (including your name, address, e-mail, age, login name and/or password, collectively “CPI”) in order to access certain services and features on the Website, including, by way of example, creation of a Profile, communication with Registered Users; to donate time and/or money to us; or to post an ad or promote an event. You must be eighteen (18) years of age to create a Profile, and creation of a Profile serves as your affirmation of fulfillment of this requirement.

Anyone visiting or accessing the Website agrees unconditionally to maintain the accuracy, confidentiality and currency of any information required by us. SoundSafe has the right to suspend or terminate any registration if you provide any inaccurate, incorrect, untrue information; or you fail to maintain the confidentiality or privacy or your registration information. You must immediately notify us of any unauthorized access to your Profile. You must further immediately notify us of any changes to the information you have provided.

SoundSafe’s Mission to preserve, strengthen, promote and unite requires respect for privacy. All visitors and Registered Users agree to our Privacy Policy by accessing and visiting the Website. In order to maintain everyone’s privacy, please remember to be responsible for your own CPI by taking steps to prevent identity theft, fraud, or other attempts by the nefarious among us who may want to obtain any information you have not agreed to share.
Please reference our Privacy Policy, or contact us if you have any questions, concerns, or complaints about privacy issues. info@soundsafe.org

C. Permission Granted by Parent/Guardian

If you are a parent or guardian granting permission to and/or on behalf of a minor or other person who does not have legal capacity to enter into this contract, access, visit, participate in, and/or obtain any service or product offered by this Website (whether free or for a fee), you hereby agree to the terms of this Agreement and hereby consent and grant to such visitor who is a minor and/or ward, permission and authority to visit and participate in this Website.
As a parent and/or guardian you further agree to take such steps as are appropriate to ensure such compliance by such visitor who is a minor and/or ward, with these Terms, Privacy Policy (which recognizes the Children’s Online Privacy Protection Act “COPPA”), any and all applicable laws, regulations or statutes, and will indemnify and hold Sound Safe, Inc., its affiliates, parent or subsidiary companies, licensees, assigns, employees, Board of Directors, and distribution and syndication partners harmless from any breach of this Agreement. You further agree and warrant that any minor and/or ward to whom you have granted permission to access this site, will not disaffirm or disavow this consent and permission on the ground that the visitor was a minor and/or lacked contractual capacity on any and every on the date of access and/or visitation to the Website. You warrant and any donation and/or e-commerce transaction associated with that minor or other person’s use of any of the services of the Website has been duly authorized by you.

D. Unauthorized Use/Termination

Although SoundSafe support free speech and freedom of expression, we take seriously abuse of any feature of the Website, including the social networking component. If you attempt to use any portion of the Website in an illegal and/or unauthorized manner, including but not limited to, creating false profiles, using another’s account without permission, collecting user names and/or email addresses of Register Users by any means for any unauthorized purpose, sending unsolicited email or unauthorized framing of or linking to the Website, you will be denied registration and/or access to the Website. In order to maintain and advance the integrity, vision and mission of SoundSafe, you agree not use the Website or any of its services for commercial or non-commercial solicitation, surveys, advertising, research, “spamming,” chain letters, junk mail, “spamming,” or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
Additionally, we will not tolerate any advocacy, comments, communication, or behavior that (i) is patently offensive and promotes violence or hatred physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) is racist or bigoted or promotes or advocates racism or bigotry; (iv) is sexually exploitative; (v) contains nudity, lewd conduct, violence; (vi) includes any direct or indirect information that may pose or create a privacy or other security risk to any person; (vii) includes or advocates information that you know to be false or misleading, libelous, defamatory, abusive, menacing, or obscene; (viii) promotes, advocates or otherwise illustrates illegal or unlawful conduct or behavior; or (iv) solicits, promotes or advocates promotion or solicitation information from a minor.
SoundSafe reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms ; and/or (ii) your registration(s) with or ability to access the SoundSafe and/or any other service, tool, specific content, digital products, products, courses or events provided to you by iVillage, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
If you become aware of any misuse of anything related to the Website regardless of its source, including without limitation, content, information, Profile, music, video pictures or by any person, please contact us by e-mail at: info@soundsafe.org

III. WEBSITE CONTENT

INTELLECTUAL PROPERTY/COPYRIGHT

1. SOUNDSAFE
All content on the Website not provided by visitors or Registered Users, including without limitation, the text, software, scripts, graphics, photos, sounds, music, interactive and social networking features, copyright, trademarks, service marks, logos and/or all other intellectual property contained herein (collectively “our Content”), are either owned by or licensed to SoundSafe, and are thereby subject to U.S. Trademark and Copyright law, and other intellectual property rights under United States and foreign laws and international conventions. Our Content on the Website is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. SoundSafe reserves all rights not expressly granted in and to the Website and our Content. If you download, copy or print a copy, share, or publish any content for any use with prior consent, you must retain all copyright and other proprietary notices contained therein. You agree not to attempt to or bypass, disable or otherwise interfere with any security-related features of the Website, or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or our Content herein.
2. REGISTERED USERS
If you are at least eighteen (18) years of, we encourage you to participate in the Social Networking component of our Website by creating a Profile. You will be required to establish an account, including creating a login and password, and providing other CPI as described above. Registered Users’ can upload and share their original music, post events or information about rehearsal space; upload photos and videos.
You agree that any content you upload to the Website, including by example music, videos, photos, text, information, or other original or non-original copyrighted work (collectively “User Content”) (whether registered with any government or other authoritative entity), shall be wholly owned and/or licensed by you, and that you have been granted right, authority and/or license or sub-license to display, perform, copy, exhibit, distribute, upload, stream, and use such User Content.
You further grant to SoundSafe a non-exclusive limited license or sub-license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content solely on or through the Website, including without limitation distributing part or all of the User Content to visitor and/or other third parties. This limited license does not grant us the right to sell, license or otherwise distribute User Content outside of the Website. Once you remove User Content from the Website, we will no longer distribute it as soon as practicable, and this license will terminate once we have removed the User Content within a reasonable time.
You are responsible for all content on your Profile Page. We reserve the right to suspend or terminate any content that violates these Terms, or any copyright or other rights of any other person or entity, without notice and at any and all times. You agree that you have the right and/or permission to display, exhibit, copy, reproduce and/or reference the content. SoundSafe does not claim or establish any ownership or proprietary interest in any text, music, images, photos, musical works, compilations, files, works of authorship (original or otherwise) submitted, uploaded, written or otherwise provided by Users, or anyone with authorized or unauthorized access to the Website.

3. RESOURCES/LINKS
SoundSafe provides any and all resource information, including links and other information not provided by us “AS IS,” and we do not warrant the technical compatibility, accuracy, or applicability of such information. No information provided herein shall be construed to be legal, financial or other advice in any manner whatsoever.
You may obtain or otherwise be provided “links” to third party websites either from SoundSafe or other visitors, Registered Users, which may permit you to access content, materials or information from those external sources. You agree to indemnify, hold harmless and understand that such information and/or content is not controlled, owned or operated by us. Additionally, you may need to download third party software in order for you to listen to music, view videos or otherwise access the content and/or features of the Website. You agree and understand that such third-party software or applications are provided AS IS and SoundSafe is not responsible for such third party information or websites.

IV. COPYRIGHT INFRINGEMENT

The Digital Millenium Copyright Act of 1998 (“DCMA”) provides recourse for copyright holders who believe that content that appears on the Internet infringes their rights under U.S. Copyright Law. U.S. Copyright law, and the DCMA provide substantial penalties for infringement of registered or unregistered copyright works. SoundSafe takes copyright infringement seriously and does not nor will not allow any copyright infringing material or activities, and infringement of intellectual property rights on its Website. SoundSafe will remove all Content and Registered User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. SoundSafe reserves the right to remove Content and Registered User Submissions without prior notice. SoundSafe will also terminate a User’s access to its Website, if they are determined to be a “repeat infringer.” A repeat infringer is a Registered User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. SoundSafe also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, excessive length, municipal, local, state and/or federal law, or any other violation at SoundSafe’s sole discertion. SoundSafe may remove such Registered User Submissions and/or terminate a Registered User and/or user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
If you have a good faith belief that any content or materials exhibited, displayed, published and/or uploaded on the Website infringe(s) your copyright, you should send SoundSafe a notice requesting that the allegedly infringing content or material be removed or blocked. Please send any such notices to info@soundsafe.org . The notice must include the following information (a) authorization to remove or block access by a physical or electronic signature of a person who may act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); © identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SoundSafe to locate the material on the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

V. WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUNDSAFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SOUNDSAFE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOUNDSAFE WEBSITE. SOUNDSAFE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOUNDSAFE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SOUNDSAFE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

VI. LIMITATION OF LIABILITY

IN NO EVENT SHALL SOUNDSAFE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOUNDSAFE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT SOUNDSAFE SHALL NOT BE LIABLE FOR REGISTERED USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

VII. INDEMNITY

You agree to defend, indemnify and hold harmless SoundSafe, its parent entities, subsidiaries, officers, directors, employees, Board of Directors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Registered User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.

VIII. ASSIGNMENT

You may not transfer or otherwise assign these Terms of Service, and any rights and/or licenses granted hereunder. SoundSafe may assign these Terms of Service, and any rights and/or licenses granted hereunder.

IX. MISCELLANEOUS

You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the laws of the State of California, irrespective of conflict of laws principles. Any claim or dispute between you and SoundSafe that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in San Francisco, California. These Terms of Service, together with the Privacy Policy provided on the Website, and any other legal notices published by SoundSafe on the Website, shall constitute the entire agreement between you and SoundSafe concerning the Website.
If any provision, term, right or license of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision, term, right or license shall not affect the validity of the remaining provisions, terms, rights or licenses of these Terms of Service. Such unaffected provisions, terms, rights and licenses will remain in full force and effect. No waiver of any aspect of these Terms of Service shall be considered a further or continuing waiver of such term or any other term, and SoundSafe’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. SoundSafe reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND SOUNDSAFE AGREE THAT ANY ALLEGED CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED, AND MAY NOT BE REVIVED WHATSOEVER.