Last Updated on August 5, 2009
FUTURE OF MUSIC COALITON MAKES AVAILABLE THE INFORMATION AND MATERIALS ON THE WEBSITE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION AND MATERIALS AVAILABLE ON THE WEBSITE DO NOT CONSTITUTE LEGAL, FINANCIAL, INSURANCE OR HEALTHCARE ADVICE AND SHOULD NOT BE RELIED ON AS SUCH. IF YOU WANT LEGAL, FINANCIAL, INSURANCE OR HEALTHCARE ADVICE, YOU SHOULD CONSULT AN EXPERT IN THAT FIELD.
Acceptance of Terms
This Website is provided by Future of Music Coalition, Inc. (“Future of Music Coalition”), subject to the following Terms of Service (“TOS”), which we may update from time to time. Future of Music Coalition reserves the right to alter these TOS without advance notice by posting revised TOS. You can determine if the TOS has been revised by referring to the “Last Updated” date at the top of this page.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING FUTURE OF MUSIC COALITION’S WEBSITE. YOUR USE OF THE WEBSITE CONSTITUTES AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.
Any questions about the meaning or application of these TOS should be directed to suggestions [at] futureofmusic [dot] org. You can also reach us by telephone at 202.822.2051.
Description of the Services
Future of Music Coalition provides users with access to a rich collection of online resources, including forums, message boards, basic health insurance information, and opportunities to post book reviews, music-related vocabulary definitions and anecdotes about record deals (all of the foregoing, the “Interactive Community”), news, information and links related to music and technology, online petitions, newsletters, and other specialized content, through the Website (all of the foregoing, the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the Services shall be subject to the then-current TOS.
The Website may provide links to other World Wide Web sites or resources. Because Future of Music Coalition has no control over such sites and resources, you acknowledge and agree that Future of Music Coalition does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources, or for the availability of such external sites or resources. In addition, Future of Music Coalition has no control over sites that provide links to the Website, and you acknowledge and agree that Future of Music does not endorse such sites and is not responsible for any links from those sites to the Website or for any content, advertising, products, or other materials available on such other sites. You further acknowledge and agree that Future of Music Coalition shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or inability to use (i) any sites or resources that Future of Music provides links to or that provide links to Future of Music Coalition’s Website, or (ii) any content, goods or services available on or through any such sites or resources. Future of Music Coalition shall have the right, at any time and in its sole discretion, to block links to the Website through technological or other means, without prior notice.
Registration Obligations/Screen Names
We may refuse to grant you, and you may not use, a user name (or e-mail address) that is already in use; that may impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.
B. In consideration of your use of the Services, you agree, where information is requested, to provide true, accurate, current and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Website or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including without limitation purchases. You agree to (a) immediately notify Future of Music Coalition of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Future of Music Coalition is not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.
Rules of Conduct
While using the Website you will comply with all applicable laws, rules and regulations. In addition, Future of Music Coalition expects the users of the Website to respect the rights and dignity of others. Your use of the Website and Services is conditioned on the following Rules of Conduct. You will not:
A. Post, transmit or otherwise make available anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent or tortious; (iv) obscene, indecent, pornographic, or otherwise objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such right. Any person who has been found repeatedly to violate the intellectual property rights of others shall be barred from submitting or posting any further material on the Website.
B. Use the Website for any illegal purpose; or post, transmit or otherwise make available any material which would give rise to criminal or civil liability, which encourages conduct that constitutes a criminal offense, or which encourages or provides instructional information about illegal activities, or activities such as hacking, cracking or phreaking.
C. Post, transmit, or otherwise make available any material that would violate another person’s privacy or other rights, including any message containing personal phone numbers or addresses.
D. Interfere with any other user’s right to privacy; or harvest or collect personally identifiable information about users of the Website.
E. Post, transmit or otherwise make available any material, non-public information about a company without the proper authorization to do so.
F. Impersonate any person or entity, including, but not limited to, any Future of Music Coalition employee; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make without our prior written consent.
G. Post, transmit, or otherwise make available any virus, worm, Trojan Horse, Easter egg, time bomb, spyware or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment.
H. Interfere with or disrupt the Services, or the servers or networks that provide the Services; or disobey any requirements, procedures, policies or regulations of such networks.
I. Restrict or inhibit any other user from using the Website, including by means of hacking or defacing any portion of the Website.
J. Post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of solicitation.
K. Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services or Website.
L. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Website.
M. Remove any copyright, trademark, or other proprietary rights notice contained on the Website.
N. Frame or mirror any part of the Website without our prior written authorization
O. Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, datamine, or in any way reproduce or circumvent the navigational structure or presentation of the Website.
P. Create a database by systematically downloading and storing all or any of the content on the Website.
You will pay all charges incurred through your account at the price(s) in effect when such charges are incurred. You will also pay all applicable taxes resulting from your purchases. All payments may be made by credit card.
Monitoring and Disclosure of Content
A. You acknowledge that Future of Music Coalition does not pre-screen content posted by users, and that Future of Music Coalition shall not be responsible for policing, monitoring, or editing such content. Notwithstanding the foregoing, Future of Music Coalition shall have the right, but not the obligation, to monitor such content in order to respond to or comment upon communications by participants and in order to determine compliance with the TOS. In addition, Future of Music Coalition shall have the right and sole discretion, without obligation, to alter, refuse to post or remove any content, in whole or in part, that it believes to be in violation of the TOS, or which it finds to be objectionable for any reason.
B. You acknowledge and agree that Future of Music Coalition may preserve content, and may disclose content and its origin if we believe that we are required to do so by law, or that such preservation or disclosure is reasonably necessary to: (a) comply with legal process or governmental requests; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or safety of Future of Music Coalition, its users or the public; or (e) to operate the Website.
Health Insurance Navigation Tool (HINT) and Disclaimer
Limitations of Liability and Disclaimer of Warranties
A. Future of Music Coalition is a distributor only, and not a publisher, of messages and content posted in its Interactive Community. The opinions expressed in the Interactive Community are not necessarily those of Future of Music Coalition. Please be aware that other users may post material in the Interactive Community that is inaccurate, misleading, or deceptive. Future of Music Coalition is not responsible for any user-provided materials, and shall not be responsible for any injury, loss, or damage which occurs as a result of opinions, statements, advice or information provided in the Interactive Community sections of the Website, or for the reliability or accuracy of same. In addition, any user of Future of Music Coalition’s Website who chooses to make any personally identifiable information or other information publicly available in an Interactive Community does so at his or her own risk.
B. THE WEBSITE, AND (UNLESS OTHERWISE EXPRESSLY STATED) ANY GOODS OR SERVICES YOU ACQUIRE THROUGH THE WEBSITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITE AND OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY Future of Music Coalition OR SUBMITTED TO Future of Music Coalition, INCLUDING WITHOUT LIMITATION INFORMATION IN THE INTERACTIVE COMMUNITY AND IN ALL OTHER PARTS OF THE WEBSITE. FUTURE OF MUSIC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, THE WEBSITE, CONTENT CONTAINED THEREON, OR ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE.
C. FUTURE OF MUSIC COALITION MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; OR (vi) THAT THE WEBSITE OR THE SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
D. FUTURE OF MUSIC COALITION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF FUTURE OF MUSIC COALITION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, FUTURE OF MUSIC COALITION WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, FROM GOODS ACQUIRED THROUGH FUTURE OF MUSIC, OR FROM ANY CONTENT POSTED ON THE WEBSITE BY FUTURE OF MUSIC COALITION OR ANYONE ELSE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR CONTENT CONTAINED THEREON IS TO STOP USING THE WEBSITE.
You agree to defend, indemnify and hold harmless Future of Music Coalition, its parents, subsidiaries and affiliated companies and their respective directors, officers, employees and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your use of the Website; (ii) any violation of these TOS by you; or (iii) any allegation that anything you post, transmit, or make available on the Website infringes or otherwise violates the copyright, trademark, trade secret or other rights of any third party.
Future of Music Coalition’s Proprietary Rights
B. You acknowledge and agree that the content presented to you on or through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Future of Music Coalition, you agree not to copy, display, modify, license, rent, lease, loan, sell, distribute or create derivative works based on the content made available on or through the Website, in whole or in part.
C. FUTURE OF MUSIC COALITION and the associated logo are our trademarks. All other trademarks and service marks on the Website are the property of their respective owners.
You may download one copy of the content of the Website to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices should be sent to:
Name: Jean Cook
Address: Future of Music Coalition, 1615 L Street NW, Suite 520 Washington, DC 20036
Telephone Number: 202.822.2051
E-mail Address: suggestions [at] futureofmusic [dot] org
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.
The Future of Music Coalition Logo
To show your support for Future of Music Coalition, you may display one of the Future of Music Coalition logo buttons available at http://www.futureofmusic.org/about/logos (the “Button”) on your website. Future of Music Coalition hereby grants to you a freely revocable right and license to display the Button, exactly as it is provided to you at the link set forth above, on your website solely for the non-commercial purposes of showing your support for Future of Music Coalition and providing a link to the Website. Any and all goodwill arising from your use of the Button shall inure solely to the benefit of Future of Music Coalition. If Future of Music Coalition determines, in its sole discretion, that you are using the Button improperly, including, without limitation, by displaying the Button in connection with any content that Future of Music Coalition deems unacceptable in its sole discretion, Future of Music Coalition may notify you of such improper use, and you shall remedy the improper use immediately following receipt of such notice. Failure to remedy such improper use immediately following receipt of such notice shall result in immediate termination of the license granted to you in this paragraph. For purposes of this paragraph, Future of Music may provide notice by sending an e-mail to the registrant or the administrative, technical or billing contact set forth in the WHOIS database for the domain name corresponding to the website on which the Button is displayed, and such notice shall be deemed to have been received one (1) hour after transmittal. Placing the Button on your website in no way constitutes an approval or endorsement of your website by Future of Music Coalition.
Modifications to Services
Future of Music Coalition reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. You agree that Future of Music Coalition shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, or of any content, feature or product offered on the Website. Your continued use of any Website after such changes will indicate your acceptance of the changes.
You agree that Future of Music Coalition, in its sole discretion, may terminate your password and user name and/or use of the Services, for any reason, including, without limitation, if Future of Music Coalition believes that you have violated or acted inconsistently with the letter or spirit of the TOS. You agree that any termination of your access to the Services under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Future of Music Coalition may immediately deactivate or delete your password and user name and all related information and files associated with it and/or bar any further access to such files or the Services. Further, you agree that Future of Music Coalition shall not be liable to you or any third party for any termination of your access to the Services.
We do not represent or warrant that the Website or Services are appropriate or available for use in any particular jurisdiction. Accessing the Website from any location other than the United States is at your own risk, and you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. We may limit the Website’s availability or the provision of any of the Services or of any products described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may limit the quantities of any such Service or product.
These TOS shall be governed by and interpreted in accordance with the laws of the District of Columbia and the United States of America, without regard to their principles of conflicts of law. Any action to enforce this Agreement shall be brought in courts located in the District of Columbia. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Notices to you may be made via either e-mail or regular mail. The Services may also provide notices of changes to the TOS or other matters, by displaying such notices or by providing links to such notices.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation: http://www.eff/org/pub/Censorship/Ratings_filters_labelling/ and of America Links Up: http://www.netparents.org/parentstips/browsers.html.
If any part of these TOS is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these TOS will remain binding upon the parties. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This constitutes the entire agreement between you and Future of Music with respect to your use of the Website and supersedes all prior or contemporaneous communications and proposals between you and Future of Music Coalition.
Information or Complaints
If you would like any further information or if you have a complaint regarding the Website or Services, please send an e-mail to suggestions [at] futureofmusic [dot] org (SUPBJECT: FMC%20Question) . You can also reach us by telephone at 202.822.2051. Prices for goods or services available on the Website are provided at the point of purchase. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The Website and this Terms of Service © 2009 Future of Music Coalition, Inc. All rights reserved.