Terms and Conditions
Terms and Conditions of Use
Last revised and effective as of October 15, 2009
Welcome to CountryMusicHallofFame.org, and thank you for visiting!
Legal Agreement; Revisions
This website is operated by Country Music Foundation, Inc. ("we"). We provide use of this website ("this Site") subject to these Terms and Conditions of Use ("these Terms"). These Terms are a legal agreement between you and us, and they contain important information about your and our legal rights, remedies and obligations. By accessing, browsing or otherwise using this Site, you acknowledge that you have read and understood, and are agreeing, on your own behalf and on behalf of your children, to be bound by these Terms and that you are agreeing to comply with all applicable laws, rules and regulations. You further acknowledge and agree that your access to and use of this Site and the services provided through this Site are valuable benefits that you receive by agreeing to, and complying with, these Terms. If you do not wish to agree to these Terms, you may not access, browse or use this Site and you should discontinue these activities immediately.
We may change or revise these Terms at any time, for any reason and without notice. Your continued use of this Site signifies your acceptance of any such changes or revisions. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms. You can address any questions or concerns regarding these Terms to info@CountryMusicHallofFame.org.
We do not knowingly collect personally-identifiable information from users of this Site who are under 13 years of age. However, there are some areas of this Site that may be attractive to children under 13 years of age. We do not condition a child's participation in any activity or service available on or through this Site on the disclosure of more personally-identifiable information than is reasonable necessary to participate in an activity. Any parent or guardian of a child under 13 years of age who has provided personally-identifiable information to us may request a description of the personally-identifiable information that has been collected from or about that child, and either limit or restrict any further maintenance or use of such information from that child and/or direct us to delete it. Also, a parent may decline to allow any future collection of personally-identifiable information from that child. Such requests can be made by contacting us at info@CountryMusicHallofFame.org. We will take reasonable measures to verify that the requesting party is, in fact, the parent or guardian of the child in question before providing a child's personally identifiable information to such person.
Country Music Foundation, Inc. and/or its subsidiaries, affiliated companies, contractors, licensors and/or licensees ("CMF Parties") are the exclusive owners of all content and materials on this Site ("Site Content") and of all related intellectual property rights, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. Site Content includes, without limitation, all features, functions, services, software, algorithms, designs, objects, documentation, know-how, code, data, art, graphics, animation, photographs, images, text, music, sound effects, audio and/or audio-visual elements, downloadable materials, look-and-feel, design, layout, organization, presentation, user interface, navigation and stylistic convention of this Site.
The trademarks and service-marks COUNTRY MUSIC HALL OF FAME® AND MUSEUM, HONOR THY MUSIC®, the trade dress of this Site, along with other trademarks and service-marks, including, but not limited to, Hatch Show PrintTM, All for the HallTM, Historic Studio BTM, Precious JewelsTM, specific program designations and all related logos and designs ("CMF Marks") are the exclusive property of CMF. Commercial use of CMF Marks, or of any word, term, name or symbol that dilutes CMF Marks, or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user's connection or association with CMF, or its approval or sponsorship of the user's products or services, is strictly prohibited by law. All other trade names, trademarks and service-marks that appear on this Site are property of their respective owners.
You do not acquire any ownership interests in any Site Content or CMF Marks by accessing, browsing or otherwise using this Site.
Your Use and Your Content; Right to Monitor and Editorial Control
You may access, browse and use this Site and Site Content only for your personal, non-commercial use, on a single computer or other Internet-compatible device to enable you to use this Site. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of Site Content, except as may be allowed by the applicable sections of the United States Copyright Act, Title 17 of the United States Code, 17 U.S.C. §§ 101, et seq ("Your Exempt Use") or as expressly permitted by us. Your Exempt Use will be, at all times, prominently accompanied by: (1) a copyright notice in the form identical to the copyright notice appearing on the Content that is the subject of your Exempt Use, and (2) a credit line in the form of the phrase "Accessed at www.CountryMusicHallofFame.org on," followed by the date of your access. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise exploit, through any means or media, any CMF Marks, except as may be allowed by the trademarks laws of the United States, 15 U.S.C. §§ 1051 et seq.
We cannot be responsible for maintaining Your Content, and we may decline to post or remove Your Content from this Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to this Site, or through this Site's services or features, by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on certain features or restrict your access to part or all of the features or services without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.
Access to, or the functions of, certain portions of this Site may be restricted to the membership of the Country Music Foundation or members of our eCommunity.
You warrant and agree that, while accessing or using this Site, you will not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from this Site, CMF, or CMF Parties or otherwise affiliated with us;
- insert your own or a third party's advertising, branding or other promotional content into any of Site Content;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through this Site through any means, including through means not intentionally made publicly available or provided through this Site;
- engage in any automatic or unauthorized means of accessing, logging-in or registering on this Site, or obtaining lists of users or other information from or through this Site, including, without limitation, any information residing on any server or database connected to this Site;
- use this Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair this Site or interfere with any other party's use and enjoyment of this Site, including, without limitation, sending mass unsolicited messages or "flooding" servers;
- use this Site or its services or any Site Content in violation of our intellectual property or other proprietary or legal rights or rights any third party, including, without limitation, downloading, copying or otherwise reproducing or using any Site Content, without our express permission;
- use this Site or its services in violation of any applicable law; or
- attempt (or encourage or support anyone else's attempt) to circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, this Site or its services.
Your Account and Your User Information
You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities that occur under Your Account or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Account or Your User Information, and of any and all other security breaches.
We reserve the right to terminate Your Account or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the above, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Account and remove your User Content from this Site.
Links to Third-Party Websites
This Site contains links to websites of third parties. If you use these links, you will leave this Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about, them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.
Linking to This Site
You agree that if you include a link from any website to this Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of this Site. You may not link directly to any Site Content, by, for example and without limitation, "in-line" linking or "deep-linking" methods, or in any manner causing this Site, or any page of this Site, to be "framed," surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to this Site be discontinued and removed and revoke your right to link to this Site.
Disclaimer and Limitation of Liability
We administer, control and operate this Site from our offices in the State of Tennessee, the United States of America. This Site is accessible world-wide; however, some of its features or functions may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that this Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of this Site may not be legal in your jurisdiction. If you choose to access, browse or use this Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of this Site to any person and geographic area. Any offer for any feature or function made on this Site is void where prohibited.
This Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at this Site.
Some Site Content is provided by the users of this Site. With the exception of the limited license specified above, we do not obtain or control any rights in, and undertake no obligation to exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content.
We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of this Site or any Site Content. We are not liable for any errors, omissions, or inaccurate Site Content.
THIS SITE AND SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THIS AGREEMENT TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. WE DO NOT WARRANT THAT THIS SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THIS SITE OR SITE CONTENT. You are solely responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy and security of data input and output. WE MAKE NO WARRANTY THAT THIS SITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
EXCEPT AS SET OUT BELOW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL WE OR CMF PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE OR CMF PARTIES BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL WE OR ANY OF THE CMF PARTIES BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES AND CAUSES OF ACTION IN CONNECTION WITH YOUR USE OF THIS SITE OR FOR ANY OF YOUR ACTIVITIES ON THIS SITE.
Notification and Counter-Notification of Claim of Copyright Infringement
We respect the intellectual property rights of others and require our users to do the same.
To notify us of any claim of copyright infringement with respect to any of Site Content, please send a written communication to our designated copyright agent:
Director of Communications, Country Music Foundation, Inc.
222 Fifth Avenue South
Nashville, TN 37203
Telephone: (615) 416 - 2001
Facsimile: (615) 255 - 2245
Your notice must include:
1). A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2). 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;
3). 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 us to locate the material;
4). Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5). 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
6). 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.
Upon receiving a proper notification of copyright infringement as described above, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.
If we receive a valid counter-notification, we will restore the removed or disabled material after ten (10), but no later than fourteen (14), business days from the date on which we receive the counter-notification, unless our Copyright Agent first receives notice from you, as the party filing the original notification of copyright infringement, informing us that you have filed a court action to restrain or enjoin infringement of the material in question.
Modification, Suspension and Termination
We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, any portion of this Site.
You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.
Governing Law and Jurisdiction
You agree that the laws of the United States of America and the laws of the State of Tennessee, without regard to or for the principles of conflict of laws, will govern your use of this Site, these Terms and all matters relating to your access to, and/or use of, this Site, including all disputes between you and us and/or CMF Parties. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Davidson County, Tennessee, and the related appellate courts, in any related action or proceeding.
These Terms constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of this Site and all matters relating to your access to, and/or use of, this Site. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.
If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated above, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
Any rights not expressly granted to you in these Terms are reserved to Country Music Foundation, Inc.
© 2009 Country Music Foundation, Inc. All Rights Reserved.