Terms of Use

Introduction and Agreement

Welcome to MusicDrivesUs.org. The Boch Family Foundation, Inc. dba Music Drives Us (referred to herein as "Foundation" or "we") provides MusicDrivesUs.org as a service. Your use of MusicDrivesUs.org constitutes your unconditional agreement to these Terms of Use (also referred to herein as this "Agreement"). If you do not agree to these Terms of Use, you may not access or otherwise use MusicDrivesUs.org.

Monitoring

We may monitor your use of MusicDrivesUs.org, and may freely use and disclose any information and materials received from you or collected through your use of MusicDrivesUs.org for any lawful reason or purpose.

Copyright

MusicDrivesUs.org is protected by copyright, in accordance with applicable law. The contents of MusicDrivesUs.org are for only your personal, non-commercial use. All materials contained on MusicDrivesUs.org are protected by copyright, and are owned or controlled by Foundation or the party that provided the content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Foundation or such third-party copyright holder.

Trademarks

The trademarks, logos and service marks (collectively, the "Marks") displayed on MusicDrivesUs.org are the property of Foundation or other third parties. Nothing contained on MusicDrivesUs.org should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on MusicDrivesUs.org without the prior written permission of Foundation or such third party that may own the Mark. Your misuse of the Marks displayed on MusicDrivesUs.org or any other content on MusicDrivesUs.org is strictly prohibited.

Images of People

Images of people displayed on MusicDrivesUs.org may be either the Foundation’s property or used with permission. Your use of these images is prohibited unless specifically permitted by us in writing or law. Any unauthorized use of such images may violate without limitation copyright laws, trademark laws, and the laws of privacy and publicity.

Third Party Sites

MusicDrivesUs.org may contain links and pointers to other related World Wide Web Internet sites or resources. Links to and from MusicDrivesUs.org to other third party sites do not constitute an endorsement by Foundation or any of its subsidiaries or affiliates of any third party resources, or their contents.

Confidentiality

You acknowledge that transmissions to and from MusicDrivesUs.org are not confidential, unless otherwise specifically specified, and your communications may be read or intercepted by others. You acknowledge that by submitting communications to Foundation, no confidential, fiduciary, contractually implied or other relationship is created between you and Foundation other than pursuant to this Agreement. Please see our Privacy Policy for related information.

User Submissions

From time to time, MusicDrivesUs.org may allow users of the site to submit materials which may be posted in whole or in part on MusicDrivesUs.org ("User Submissions "). You understand that whether or not such User Submissions are posted, MusicDrivesUs.org does not guarantee any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or otherwise publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize MusicDrivesUs.org to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

MusicDrivesUs.org reserves the right to decide whether to post, not post, correct, remove, or edit material in its sole discretion and to pre-screen potentially objectionable content.

By submitting User Submissions to MusicDrivesUs.org, you hereby grant MusicDrivesUs.org a worldwide, non-exclusive, royalty-free, sub-licensable and transferable perpetual and irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with MusicDrivesUs.org and the Foundation (and their respective successors' and affiliates') business, for commercial and any other purposes and in any media formats and through any media channels.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MusicDrivesUs.org all of the license rights granted herein.

You further agree that you will not submit content that is defamatory or portrays another in a false light, pornography, sexually explicit content, images of child abuse or animal abuse, or other objectionable content, or material that is contrary to applicable local, national, and international laws and regulations.

MusicDrivesUs.org does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MusicDrivesUs.org expressly disclaims any and all liability in connection with User Submissions. MusicDrivesUs.org does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MusicDrivesUs.org will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. MusicDrivesUs.org reserves the right to remove User Submissions without prior notice.

You understand that when using the MusicDrivesUs.org Website, you may be exposed to User Submissions from a variety of sources, and that MusicDrivesUs.org is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. While MusicDrivesUs.org may attempt to screen out such materials, you further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MusicDrivesUs.org with respect thereto, and agree to indemnify and hold MusicDrivesUs.org, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification 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;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  • 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
  • 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.

MusicDrivesUs.org's designated Copyright Agent to receive notifications of claimed infringement is: Kathleen M. Genova, Music Drives Us, 95 Morse Street, Norwood, MA 02062, e-mail: kgenova@snemail.com, fax: 781-255-6395. Only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Counter-Notice. If you believe that your User Submission that was removed 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 Submission, you may send a counter-notice containing the following information to the Copyright Agent:

  • Your physical or electronic signature;
  • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  • Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Boston, Massachusetts, 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 Copyright Agent, MusicDrivesUs.org may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it 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 be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MusicDrivesUs.org's sole discretion.

Disclaimer

We try to present information that is complete and accurate. However, as the possibility for data error exists, the information listed on MusicDrivesUs.org may be incorrect and is not guaranteed. Prices and availability are subject to change at any time without notice.

We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through MusicDrivesUs.org. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of MusicDrivesUs.org.

We may change, suspend or discontinue any aspect of MusicDrivesUs.org at any time, including the availability of any MusicDrivesUs.org feature, database, or content. We also may impose limits on certain features and services or restrict your access to parts or all of MusicDrivesUs.org without notice or liability.

MUSICDRIVESUS.ORG, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH MUSICDRIVESUS.ORG, IS PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON MUSICDRIVESUS.ORG OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH MUSICDRIVESUS.ORG, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH MUSICDRIVESUS.ORG OR ANY LINKED SITE. FURTHER, FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FOUNDATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN MUSICDRIVESUS.ORG OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MUSICDRIVESUS.ORG OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE MUSICDRIVESUS.ORG, ANY DEALER PRODUCT OR LINKS TO ANY THIRD PARTY WEBSITE FROM MUSICDRIVESUS.ORG, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INACCURACIES OR OMISSIONS IN CONTENT, AND EVENTS BEYOND OUR REASONABLE CONTROL.

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES, AND ALL OF OUR OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS AND LICENSEES HARMLESS FOR AND AGAINST ANY LOSS, DAMAGES OR COSTS, INCLUDING REASONABLE ATTORNEY’S FEES, RESULTING FROM ANY THIRD PARTY CLAIM, ACTION OR DEMANDS RESULTING FROM YOUR USE OF MUSICDRIVESUS.ORG.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in Norfolk Superior Court or an appropriate federal court located in the Commonwealth of Massachusetts.

Integration and Severability

This Agreement constitutes the entire agreement between Foundation and you with respect to your use of MusicDrivesUs.org. Any cause of action you may have with respect to your use of MusicDrivesUs.org must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Foundation disclaims any and all responsibility for content contained in any third party materials provided through links from MusicDrivesUs.org.

Updates

These Terms of Use were last updated on May 17, 2010. We reserve the right to change, modify, amend, or revise these Terms of Use at any time. Please check our Terms of Use periodically for changes. Use of MusicDrivesUs.org after modification, amendment, or revision implies that you consent to these Terms of Use as modified, amended, or revised.

 
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