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MusicDrivesUs.org may contain links and pointers to other related World Wide Web Internet sites or resources. Links to and from MusicDrivesUs.org to other third party sites do not constitute an endorsement by Foundation or any of its subsidiaries or affiliates of any third party resources, or their contents.
From time to time, MusicDrivesUs.org may allow users of the site to submit materials which may be posted in whole or in part on MusicDrivesUs.org ("User Submissions "). You understand that whether or not such User Submissions are posted, MusicDrivesUs.org does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or otherwise 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 MusicDrivesUs.org 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.
MusicDrivesUs.org reserves the right to decide whether to post, not post, correct, remove, or edit material in its sole discretion and to pre-screen potentially objectionable content.
By submitting User Submissions to MusicDrivesUs.org, you hereby grant MusicDrivesUs.org a worldwide, non-exclusive, royalty-free, sub-licensable and transferable perpetual and irrevocable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with MusicDrivesUs.org and the Foundation (and their respective successors' and affiliates') business, for commercial and any other purposes and in any media formats and through any media channels.
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 MusicDrivesUs.org all of the license rights granted herein.
You further agree that you will not submit content that is defamatory or portrays another in a false light, pornography, sexually explicit content, images of child abuse or animal abuse, or other objectionable content, or material that is contrary to applicable local, national, and international laws and regulations.
MusicDrivesUs.org does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and MusicDrivesUs.org expressly disclaims any and all liability in connection with User Submissions. MusicDrivesUs.org does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and MusicDrivesUs.org will remove all User Submissions if properly notified that such User Submission infringes on another's intellectual property rights. MusicDrivesUs.org reserves the right to remove User Submissions without prior notice.
You understand that when using the MusicDrivesUs.org Website, you may be exposed to User Submissions from a variety of sources, and that MusicDrivesUs.org is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. While MusicDrivesUs.org may attempt to screen out such materials, 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 MusicDrivesUs.org with respect thereto, and agree to indemnify and hold MusicDrivesUs.org, 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.
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):
MusicDrivesUs.org's designated Copyright Agent to receive notifications of claimed infringement is: Kathleen M. Genova, Music Drives Us, 95 Morse Street, Norwood, MA 02062, e-mail: firstname.lastname@example.org, fax: 781-255-6395. Only DMCA notices should go to the Copyright Agent. 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.
Counter-Notice. If you believe that your User Submission that was removed 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:
If a counter-notice is received by the Copyright Agent, MusicDrivesUs.org 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 10 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 10 to 14 business days or more after receipt of the counter-notice, at MusicDrivesUs.org's sole discretion.
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We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through MusicDrivesUs.org. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of MusicDrivesUs.org.
We may change, suspend or discontinue any aspect of MusicDrivesUs.org at any time, including the availability of any MusicDrivesUs.org feature, database, or content. We also may impose limits on certain features and services or restrict your access to parts or all of MusicDrivesUs.org without notice or liability.
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TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING, WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE MUSICDRIVESUS.ORG, ANY DEALER PRODUCT OR LINKS TO ANY THIRD PARTY WEBSITE FROM MUSICDRIVESUS.ORG, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INACCURACIES OR OMISSIONS IN CONTENT, AND EVENTS BEYOND OUR REASONABLE CONTROL.
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This Agreement constitutes the entire agreement between Foundation and you with respect to your use of MusicDrivesUs.org. Any cause of action you may have with respect to your use of MusicDrivesUs.org must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. Foundation disclaims any and all responsibility for content contained in any third party materials provided through links from MusicDrivesUs.org.