Terms of Service

  1. Your Acceptance
    1. By using and/or visiting this website (collectively, including all content and functionality available through the indiemusicforhaiti.com domain name, the “Indie Music for Haiti Website”, “IMFH Website,” or “Website”), you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2)Indie Music for Haiti (“IMFH”)’s privacy notice, found at http://www.indiemusicforhaiti.com/privacy and incorporated here by reference, and (3) IMFH’s Community Guidelines, found at http://www.indiemusicforhaiti.com/terms and also incorporated here by reference. If you do not agree to any of these terms, the Website privacy notice, or the Community Guidelines, please do not use the Website.
    2. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version http://www.indiemusicforhaiti.com/terms). Indie Music for Haiti may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
  2. Indie Music for Haiti Website
    1. These Terms of Service apply to all users of the IMFH Website, including users who are also contributors of video content, audio content, information, and other materials or services on the Website. The IMFH Website includes all aspects of the IMFH offering, including but not limited to all products, software and services offered via the website such as the IMFH Website “Uploader” and other applications.
    2. The IMFH Website may contain links to third party websites that are not owned or controlled by IMFH. IMFH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, IMFH will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve IMFH from any and all liability arising from your use of any third-party website.
    3. Accordingly, we encourage you to be aware when you leave the IMFH Website and to read the terms and conditions and privacy policy of each other website that you visit.
  3. Your Use of Content on the Site

    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the IMFH Website.

    1. The content on the IMFH Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to IMFH, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. IMFH reserves all rights not expressly granted in and to the Website and the Content.
    2. You may access User Submissions for your information and personal use solely as intended through the provided functionality of the IMFH Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed by IMFH on the IMFH Website for that User Submission.
    3. User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the IMFH Website. User Comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the IMFH Website or otherwise as prohibited under this Agreement.
    4. You may access IMFH Website content, User Submissions and other content only as permitted under this Agreement. IMFH reserves all rights not expressly granted in and to the IMFH Content and the IMFH Website.
    5. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
    6. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the IMFH Website or the Content therein.
    7. You understand that when using the IMFH Website, you will be exposed to User Submissions from a variety of sources, and that IMFH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. 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 IMFH with respect thereto, and agree to indemnify and hold IMFH, 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.
  4. Your User Submissions and Conduct
    1. You may submit video content (“User Videos”), music content (“User Music Files”) and textual content (“User Comments”). User Videos, User Music Files and User Comments are collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, IMFH does not guarantee any confidentiality with respect to any User Submissions.
    2. You shall be solely responsible for your own User Submissions and the consequences of posting or 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 IMFH 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.
    3. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to IMFH, you hereby grant IMFH a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the IMFH Website, including without limitation for promoting and redistributing part or all of the IMFH Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the IMFH Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your User Submissions from the IMFH Website. You understand and agree, however, that IMFH may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
    4. 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 IMFH all of the license rights granted herein.
    5. You further agree that you will not, in connection with User Submissions, submit material that is contrary to the IMFH Community Guidelines, found at http://www.indiemusicforhaiti.com/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
    6. IMFH does not endorse any User Submission or any opinion, recommendation, Internet link, or advice expressed therein, and IMFH expressly disclaims any and all liability in connection with User Submissions. IMFH does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and IMFH will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. IMFH reserves the right to remove Content and User Submissions without prior notice.
    7. IMFH does not endorse any third-party charity or other enterprise to which Users may direct viewers, listeners or readers in conjunction with their User Submissions. IMFH reserves the right to remove all Content and User Submissions if such Content or User Submissions refer viewers, listeners or readers to third-party sites or entities that do not, in IMFH’s sole opinion, serve the needs of the people of Haiti.
  5. Penalties
    1. IMFH reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, material inappropriate for the site’s core charitable mission, material of inadequate quality or of excessive length. IMFH may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
  6. Digital Millennium Copyright Act
    1. 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.

      The IMFH designated Copyright Agent to receive notifications of claimed infringement is: Fritz Stolzenbach, 6411 Orchard Ave., Takoma Park, MD  20912, email: copyright@indiemusicforhaiti.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to IMFH at comments@indiemusicforhaiti.com. 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.

    2. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) 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 San Francisco, California, 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, IMFH 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 15 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 15 to 20 business days or more after receipt of the counter-notice, at IMFH’s sole discretion.