TERMS OF USE

Last Modified: March 1, 2019

BY USING THIS SITE (AS HEREINAFTER DEFINED), YOU ACCEPT THE FOLLOWING AGREEMENT (THIS “AGREEMENT”). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT USE THIS SITE. THIS AGREEMENT MAY BE UPDATED FROM TIME TO TIME AT THE SOLE DISCRETION OF SAVE THE MUSIC FOUNDATION, a New York 501(c)(3) nonprofit corporation, also doing business as VH1 Save The Music Foundation and MTV Save The Music Foundation (collectively, “STMF”). YOU MAY BE REQUESTED FROM TIME TO TIME UPON VISITING THIS SITE TO RECONFIRM YOUR ASSENT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

This is the official Terms of Use Agreement (“Terms of Use“) for the specific Internet website, application or other interactive service (“Site,” “we,” “us,” or “our“) provided by STMF that contains an authorized link to this Terms of Use including, but not limited to savethemusic.org, VH1savethemusic.org and VH1savethemusic.com. These Terms of Use apply whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device“). These Terms of Use govern only the content, features, and activities related to this Site and do not cover any other websites of STMF, any affiliates that STMF directly or indirectly owns or controls (collectively, “Affiliates“) or any other company, unless specifically stated.

Eligibility; Acceptance of Terms.

This Site is offered and made available only to users 13 years of age or older who reside in the United States of America, its territories and possessions (“U.S.“) and certain features on this Site (including, but not limited to, user registration) may be subject to heightened age and/or other eligibility requirements. If you are not yet 13 years old or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, please discontinue using the Site immediately or, if for any reason, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately, because by using or attempting to use the Site, you certify that you are at least 13 years of age or other required greater age for certain features and meet any other eligibility and residency requirements of the Site.

By accessing and using the Site or downloading materials from the Site, you accept and agree to, without limitation or qualification, these Terms of Use. STMF reserves the right, in its sole discretion, to modify, alter or otherwise change these Terms of Use at any time. Please check these Terms of Use periodically for changes. By using this Site after any changes to these Terms of Use are posted, you are indicating your renewed agreement to be bound by any such changes. Please also review our Privacy Policy.

General

By accessing or linking to this Site, you assume the risk that this Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Content“) on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. STMF assumes no obligation to update the Content.

The words “use” or “using” in these Terms of Use, means any time an individual (a “User“), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. These Terms of Use do not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described herein.

As a User of the Site, you agree not to use the Content for any unlawful purposes and not to violate STMF’s rights or the rights of others. STMF reserves the right to object or otherwise take action against any such use. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes.

Trademarks and Copyrights.

The Content of this Site is the property of STMF, its Affiliates and/or third parties, and any of their respective successors and assigns, and is protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties. Nothing contained in these Terms of Use or on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Content in any manner without the prior written consent of a duly authorized employee of STMF or such third party that may own the Content displayed on the Site. ANY UNAUTHORIZED USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF A DULY AUTHORIZED EMPLOYEE OF STMF. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of STMF or its owner if STMF is not the owner.

Prohibited Uses

You agree not to use this Site for any prohibited purpose. The following are examples of types of uses of the Site that are prohibited:

Violations of Law. You are prohibited from using this Site to commit, or in connection with, criminal or civil violations of federal, state, local, or international laws, regulations, or other governmental requirements, or to infringe the rights (including intellectual property, privacy and publicity rights) of any person. We reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators or other third parties, and we may do so without prior notice to you.
Security Violations. You are prohibited from violating, or attempting to violate, the security of the Site. Any such violations may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to: (i) attempting to probe, scan, or test the vulnerability of any system, subsystem or network related to the Site; and (ii) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures
Spam. You are prohibited from using this Site in connection with spam. Spam includes, but is not limited to, any of the following activities: (i) sending any unsolicited e-mail that could be expected, in STMF’s sole discretion, to provoke complaints; (ii) sending unsolicited e-mail without identifying in the e-mail a clear and easy means to be excluded from receiving additional e-mail from the originator of the e-mail; and (iii) sending e-mail that does not accurately identify the sender, the sender’s return address, and the e-mail address of origin.

We reserve the right to determine, in our sole discretion, whether you have used the Site in a prohibited way. We will monitor the Site and, when we become aware that the Site is being used for a prohibited purpose (or an attempt has been made to do so), we will take any action we deem appropriate. We may not notify you before we take action against you.

Privacy.

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

Limitations of Liability; Disclaimer; Indemnification

STMF and its affiliates will not be liable for any damages, injury or loss including, but not limited to, special, consequential or punitive damages, that result from the use of (or the inability to use) this Site and its contents, or a website linked to this Site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, line failure, or other computer malfunction, even if STMF or an affiliate has been advised of the possibility of such damages, injury or loss. STMF and its affiliates also assume no responsibility for any damages to, or viruses that may infect, your computer system or other property as a result of your access to, use of, or downloading of any material from, this Site. This Site is provided by STMF on an “as is” and “as available” basis. STMF makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information included on this Site. You expressly agree that your use of this Site is at your sole risk. STMF does not warrant that the information in this Site is accurate, reliable or correct, that this Site will be available at any particular time or location, or that the Site is free of viruses or other harmful components. You acknowledge that the content of this Site: (i) contains information available as of the publication date, and STMF has no obligation to update such content or to advise you of any change in the data or statements therein; and (ii) is presented by STMF alone, and no other persons (including any STMF affiliates) are involved in the presentation. YOU ACKNOWLEDGE THAT YOU SHALL USE SUCH CONTENT IN A MANNER BASED UPON YOUR OWN DETERMINATION AND EVALUATION OF THE INFORMATION CONTAINED THEREIN, AND STMF SHALL NOT BE RESPONSIBLE FOR SUCH USE. You agree to defend, indemnify and hold harmless STMF, its officers, directors, shareholders, employees, representatives, contractors and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with access to or use of this Site and/or any of the materials or information posted on, or made available through, this Site in an unlawful or unauthorized manner or in a manner inconsistent with these Terms of Use.

Linked Websites and Advertisements

This Site may link to or be linked from other websites that are not maintained by STMF. STMF does not endorse, and is not responsible for the content of any of those websites. Advertisement banners and other forms of advertising exist on the site. However, STMF is not responsible for the claims or representations made by any advertiser on the site, nor is STMF responsible for the products and services of advertisers on the site. Furthermore, mere presence of an advertiser on the site does not constitute an endorsement, approval or sponsorship of any advertiser by STMF in any respect unless expressly indicated otherwise.

Governing Law

STMF operates this Site in the State of New York, United States of America. The Site can be accessed from all 50 states, as well as United States territories and other countries around the world. The Site is governed by and operated in accordance with statutes and laws of the State of New York, without regard to conflicts of law principles thereof. We make no representation that this Site is operated in accordance with the laws or regulations of, or governed by, other locations. By using the Site you agree that any action at law or equity arising or in any way relating to the Site, shall be filed only under the statutes and laws of the State of New York. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Supreme Court of the State of New York in and for the County of New York, and the United States District Court for New York County with respect to such matters. STMF makes no representation that materials on the website are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own risk and initiative, and are responsible for compliance with local laws. To the fullest extent permitted by law, you hereby waive any claims relating to the processing of your Personal Information or Other Information in accordance with this Privacy Policy that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

Miscellaneous

STMF will determine your compliance with these Terms of Use in its sole discretion. Any violation of these Terms of Use may result in restrictions on your access to all or part of the Site and may be referred to law enforcement authorities. No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and signed by a duly authorized officer of STMF. STMF reserves the right to modify or discontinue this Site, or any portion thereof, without liability or notice to you or any third party. Upon termination of your access to the Site, or upon demand by STMF, you must destroy all materials obtained from this Site and all related documentation and all copies and installations thereof. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect. The section titles in these Terms of Use are for your convenience only and do not have any legal or contractual effect.

This Privacy Policy was last modified on the date indicated above and is effective immediately.