Terms of Service

1. ACCEPTANCE OF TERMS


Welcome to www.DamonMedek.com. This website is operated by the DamonMedek Musicians Association, AFM Local 257.  The DamonMedek Musicians Association provides this site to you subject to the following Terms of Service, as may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Serv ice on our website. In addition, when using particular DamonMedek Musician Association owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service. The DamonMedek Musician Association offers other services that are governed by the bylaws of the Association.

BEFORE USING THE DAMONMEDEK MUSICIAN ASSOCIATION WEBSITE, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR AND/OR ACCESSING, BROWSING, AND USING THE DamonMedek MUSICIAN ASSOCIATION WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS, INCLUDING ANY ADDITIONAL GUIDELINES, AND ANY FUTURE MODIFICATIONS (COLLECTIVELY, THE ‘TOS’). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE DamonMedek MUSICIAN ASSOCIATION WEBSITE.

2. DESCRIPTION OF SERVICE

The website and any service made available via the website is referred to in this Agreement as the ‘Service.’ As of the date stated above, the Service is provided to you for free.


3. YOUR REGISTRATION OBLIGATIONS

In consideration for your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the ‘Registration Data’) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The DamonMedek Musician Association has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The DamonMedek Musician Association has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

4. YOUR OBLIGATIONS WHEN USING THE EMBEDED DamonMedek MUSICIANS ASSOCIATION PLAYER

The www.DamonMedek.com music player consists of web page code that calls to a copy of the music/video player that is already installed (the ‘Player’). The Player must at all times display the following:
(a) The images and associated text under the Player, as DamonMedekMusicians may update from time to time. Currently these are ‘create a playlist’, ‘download from iTunes’, and ‘launch standalone player’. The images and text come standard with the code for the Player provided by DamonMedekMusicians (b) The song title and artist, if available, while streaming the music file using the Player. This is required because one goal of DamonMedekMusicians is to provide exposure for music artists and facilitate legal purchase of the artist's music while allowing fans to enjoy the music. This feature comes standard with the code for the Player provided by DamonMedekMusicians; and
(c) Any DamonMedekMusicians branding included with the Player.
If you modify the Player in any way, you may lose the ability to embed the Player without warning.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DamonMedekMusicians of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DamonMedekMUSICIANS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO ADEQUATELY SAFEGUARD YOUR PASSWORD OR FOR ANY ACTIONS OCCURRING UNDER YOUR PASSWORD.

6. MEMBER CONDUCT AS TO COPYRIGHT POLICIES

a. Music Copyright Policy: It is DamonMedekMusicians policy to respect the legitimate interests of copyright owners. It is DamonMedekMusicians policy to remove links to any music file if an artist or other rights holder informs DamonMedekMusicians that the DamonMedekMusicians search engine is linking to an illegally posted song, in accordance with the law. It is also DamonMedekMusicians’ policy to terminate the accounts of users who we determine to be repeat infringers of other's copyrights.

b. User Compliance with Copyright Policy: As a user of the Service, you acknowledge and agree that you will not violate the DamonMedekMusician copyright policy by (i) adding links to the DamonMedekMusicians search index when you know that the links are to music files that have not been posted by the copyright owner for promotional or other legal purposes, (ii) uploading music files to a site and then adding the URL to the DamonMedekMusician search index unless you are the owner of the copyright in the music, or (iii) representing that you are the owner of a copyright in a music file for the purpose of adding that file to the DamonMedekMusicians search index when you are not the owner. You also acknowledge and agree that DamonMedekMusicians may terminate your user account if it determines, in its sole discretion, that you are a repeat infringer of others' copyrights.

c. Other Copyrights: Photos and graphics are also subject to copyright protection. You acknowledge and agree that you will not post copyrighted material unless you have created that content yourself, or you have permission from the copyright owner to do so.

7. MEMBER CONDUCT AS TO USER CONTENT

General. You understand that all information, data, text, software, photographs, graphics, video, messages, tags, or other materials (‘Content’), whether publicly posted or privately transmitted via the Service, are the sole responsibility of the person from whom such Content originated. This means that you, and not DamonMedekMusicians, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. DamonMedekMusicians does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DamonMedekMusicians be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. Content does not include music files as DamonMedekMusicians does not allow you to upload or download music files from or to the DamonMedekMusicians site.

Grant of Rights. You retain ownership of mp3s and other Content you submit to the site. However, by submitting Content to the DamonMedekMusicians Service, you hereby grant DamonMedekMusicians and its affiliates: (a) a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicenseable (including to end users of the DamonMedekMusicians Service), and transferable license to use, distribute, reproduce, modify, adapt, prepare derivative works of, publicly perform and publicly display such Content in connection with the DamonMedekMusicians Service and DamonMedekMusicians’ (and its successors') business, including without limitation for promoting and redistributing part or all of any DamonMedekMusicians Service (and derivative works thereof) in any media formats and through any media channels now known or hereafter discovered; and (b) the right to use the name that you submit in connection with such Content if they choose. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your Content. The licenses granted to DamonMedekMusicians in this Agreement exist in perpetuity.

Monitoring of Content. You acknowledge that DamonMedekMusicians may or may not pre-screen Content, but that DamonMedekMusicians shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service.

Alteration of Content. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

DRM. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DamonMedekMusicians and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service or attempt to circumvent DRM in any files which you might find using the DamonMedekMusicians search engine. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.


8. PROHIBITED USES OF THE SERVICE

You agree that you will not use the Service to:

reproduce the copyrighted materials of another person;

copy, store, edit, change, prepare any derivative work of or alter in any way any of the tracks streamed through the Service;

upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

harm minors in any way;

impersonate any person or entity, including, but not limited to, a DamonMedekMusicians official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (‘Rights’) of any party;

upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘junk mail,’ ‘spam,’ ‘chain letters,’ ‘pyramid schemes,’ or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;

upload, post, email, transmit 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;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through l above.

9. PRIVACY POLICY

We may collect registration and other information about you through the Service. Our collection and use of this information is described in the DamonMedekMusicians Privacy Policy.

10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Further, recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Please note that you are transferring your personal data to the United States, which does not have the same data protection laws as other countries and by providing us with your personal data you consent to the transfer of your personal data to the United States.