MUSIC FOR ALL’S CAUSE AND MISSION
Music for All’s mission is to create, provide, and expand positively life-changing experiences through music for all.
The Music for All Websites 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.
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.
Music for All may collect information of Summer Symposium (“Camp”) middle school divisions participants under the age of 13, in accordance with the Children’s Online Privacy Protection Rule (“COPPA”). Camp registration data is collected by Music for All, through a third party vendor Ultracamp, 123 East Main Street, Niles, MI 49120. Personal information include participating child’s name, address, email address, school, and Camp-related details like musical instrument and school grade is collected directly from the person registering the child. The information will be used to prepare the student’s Camp participation, communicate Camp-related information, and to promote additional Music for All programs and opportunities. Music for All will not disclose personal information collected from children to third parties. Music for All will not require a child to disclose more information than is reasonably necessary to participate in an activity. Parents may review their child’s personal information in their child’s Camp registration. Parents may contact Music for All at 39. W. Jackson Place, Suite 150, Indianapolis, IN 46225, phone 317-524-6216.
RESERVATION OF PROPRIETARY AND OWNERSHIP RIGHTS; LIMITED LICENSE
TRADE AND SERVICE MARKS
Music for All, Music for All Foundation, Bands of America, Orchestra America, National Choir Festival, Honor Band of America, Honor Orchestra of America, Jazz Band of America, 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.
You understand that, except for advertising programs offered by us on the Site, 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, 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 Sites.
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.
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in 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.
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 http://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: http://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:
Music for All, Inc.
39 W. Jackson Place, Suite 150
Indianapolis, IN 46225
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:
Music for All, Inc.
39 W. Jackson Place, Suite 150
Indianapolis, IN 46225
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.
USE OF SHARE LINKS BY ONLINE CONTENT PROVIDERS
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.
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.