Effective Date: May 15, 2008.
1. General Information
anotherprotestsong.org (the “Site” or “we”) is an online platform for the uploading and discussion of new and original politically engaged music. The general public can enjoy the Site by, for instance, listening to uploaded music and reading through the comment threads. To upload songs, comment, reply, and contribute other content to the Site, you must become a member of the Site (a “Member”) by agreeing to this Member Agreement (the “Agreement”) and to be bound by the terms herein.
As a Member, you will be able to contribute content to the Site. For instance, you will be able to (i) upload songs and accompanying content (such as images and text) and (ii) participate in the discussion in which you can comment on uploaded songs and comments. Your rights as a Member are personal to you and are not transferable. The Site may modify the terms and conditions of this Agreement from time to time, and such modifications will be effective upon notice to you.
2. Your Content
You are responsible for all songs, images, video, text, information and other material that you contribute to the Site or that is contributed from your email address by any person (collectively, “Your Content”).
To contribute Your Content, either (i) you must own all intellectual property and other rights in and to Your Content; or (ii) you must have the right to contribute works owned or controlled entirely or in part by another. In connection with your uploading of a song and accompanying content, please submit information describing how and by whom you are authorized to contribute the content. In no event may you contribute any content protected by copyright, trademark, patent, or other rights without the permission of the holder of such intellectual property or other rights.
If your work incorporates parts of works created by others, you may do so on a claim of fair use or by license or express permission. If you use such works pursuant to a Creative Commons license, a link to the license and your compliance with the license terms may provide the necessary authorization. If you use “CC-NC” works (i.e., works made available under a Creative Commons noncommercial license), please include the legend “NOT FOR COMMERCIAL DISTRIBUTION” when posting or otherwise submitting the work to the Site.
You hereby grant the Site a non-exclusive, worldwide, royalty-free, perpetual license to: (i) store Your Content on the Site’s servers; (ii) distribute, display, and perform Your Content on and from the Site; and (iii) reproduce, publish, perform, display, adapt, distribute, or otherwise make available Your Content in websites, books, CD-ROMs, or any other form or medium whatsoever, whether now known or as may hereafter be developed.
IF YOU DO NOT WISH TO GRANT THE SITE THE RIGHT TO REPRODUCE, PUBLISH, PERFORM, DISPLAY, ADAPT, DISTRIBUTE, OR OTHERWISE MAKE AVAILABLE YOUR CONTENT EXCEPT ON THE ANOTHERPROTESTSONG.ORG SITE, YOU MUST SO INDICATE BY INCLUDING THE FOLLOWING LANGUAGE WHEN YOU POST OR OTHERWISE SUBMIT YOUR CONTENT TO THE SITE: “NOT FOR DISTRIBUTION EXCEPT ON THE ANOTHERPROTESTSONG.ORG WEBSITE.”
In its sole discretion and for any reason, the Site may (i) not include any or all of Your Content on the Site and (ii) remove some or all of Your Content, without notification, from the Site’s servers and from the Site itself.
Your Content may not include any material that defames any person, invades or infringes any person’s rights of privacy or publicity, violates copyrights or other intellectual property rights, or that is otherwise unlawful. Moreover, you may not access or manipulate the code of the Site; contribute any content containing viruses, “worms,” “Trojan horses,” or any other harmful properties; or falsify any author attributions or proprietary or legal notices connected to Your Content.
3. Site Content
The contents of the Site (collectively, “Site Content”) are protected by copyright under the laws of the United States and other countries. Other than content submitted by Members or otherwise provided by third parties, all Site Content is owned by the Site.
Site Content includes material that has been edited, as well as material that is distributed automatically and without editing or filtering. The Site is not responsible for screening, monitoring, or verifying the Site Content, including with respect to its accuracy, reliability, or compliance with copyright and other laws. Site Content is made available to you under the terms of the Creative Commons Attribution-Noncommercial 3.0 Unported license (the “Site Content License”). The terms of the Site Content License are available at: http://creativecommons.org/licenses/by-nc/3.0/. The Site Content License enables you to copy, distribute, transmit, and adapt Site Content under the following conditions: (i) you must attribute the Site Content to anotherprotestsong.org; (ii) you may not use Site Content for commercial purposes; and (iii) in the event of any reuse or distribution of Site Content, you must make clear to others the terms under which the Site Content is licensed (for example, by linking to http://creativecommons.org/licenses/by-nc/3.0/). Additionally, you must agree to abide by any copyright notice or other restriction contained in any individual content posting on the Site, and you must make clear to others any author attribution, copyright or trademark notice, or other restriction contained in any individual content posting on the Site.
Unless otherwise specified in the terms for a particular work, you may not distribute any Site Content, with the exception of Your Content, for any commercial purposes.
4. Trademark Rights
We own all rights in the Another Protest Song and anotherprotestsong.org names, logos, and designs (collectively, “Trademarks”), including the Trademarks “Another Protest Song” and “anotherprotestsong.org.” Unauthorized use of any such Trademarks, including reproduction, imitation, dilution, or confusing or misleading uses, is prohibited under the trademark laws of the United States. You are expressly prohibited from using or misusing any Trademarks, except as provided in this Agreement, and nothing otherwise stated or implied on the Site or in this Agreement confers on you any license or right to do so. All other trademarks appearing on the Site are the property of their respective owners.
5. Disclaimer of Warranty; Limitation of Liability
NEITHER THE SITE NOR ITS OPERATORS, EMPLOYEES, AGENTS, REPRESENTATIVES, MEMBERS, OR OTHER INFORMATION PROVIDERS OR LICENSORS (COLLECTIVELY, “AFFILIATES”) ENDORSE, REPRESENT, OR WARRANT THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY OPINION, STATEMENT, OR OTHER MATERIAL ON THE ANOTHERPROTESTSONG.ORG SITE OR THAT THE SAME IS NON-DEFAMATORY, NON-INFRINGING OF COPYRIGHT OR OTHER RIGHTS, OR OTHERWISE LAWFUL. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF SUCH OPINION, STATEMENT, OR MATERIAL SHALL BE AT YOUR SOLE RISK.
NEITHER THE SITE NOR ITS AFFILIATES WARRANT THAT THE ANOTHERPROTESTSONG.ORG SITE WILL BE AVAILABLE ON A TIMELY BASIS; WILL BE UNINTERRUPTED OR ERROR FREE; OR WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES,” OR OTHER HARMFUL PROPERTIES. THE SITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL THE SITE OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR THE INABILITY TO USE ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED ON OR THROUGH THE ANOTHERPROTESTSONG.ORG SITE.
WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT IF YOU USE THE INFORMATION, SERVICES, OR PRODUCTS OF A THIRD PARTY WHOSE WEBSITE IS LINKED TO OR WHO IS OTHERWISE REFERRED TO ON OR THROUGH THE ANOTHERPROTESTSONG.ORG SITE, SUCH THIRD PARTY IS SOLELY RESPONSIBLE FOR ITS INFORMATION, SERVICES, AND PRODUCTS, AND YOU RELEASE THE ANOTHERPROTESTSONG.ORG SITE AND ITS AFFILIATES FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH INFORMATION, SERVICES, OR PRODUCTS, ANY TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTY, AND ANY DISPUTES BETWEEN YOU AND SUCH THIRD PARTY.
You agree to defend, indemnify, and hold harmless the Site and its Affiliates from and against all claims and expenses (including attorneys’ fees and costs) arising out of Your Content or any breach by you of this Agreement.
7. Right to Terminate Membership
The Site reserves the right to terminate this Agreement, Your Profile and/or your rights under this Agreement at any time in the event that it considers, in its sole discretion, any conduct by you, including Your Content, to violate the terms of this Agreement.
This Agreement constitutes the entire agreement between the Site and you with respect to the subject matter contained herein. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other provisions shall remain in full force and effect. No waiver by us or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Without limiting the Site’s right to bring an action against you in any jurisdiction, you further agree to submit to the non-exclusive jurisdiction of, and acknowledge and agree that proper venue shall lie in, the federal and state courts located in New York County, New York, with respect to any claim, action, or proceeding arising out of or relating to this Agreement.