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TERMS OF
SERVICE

 

 

These Terms of Service are effective as of, and were last updated on March 27, 2020.

Welcome to our website located at www.grammymuseum.org (the “Site”). The Site is provided by the GRAMMY Museum Foundation, Inc. (“Company”, “we,” “us,” “our,” or “GRAMMY Museum”). It allows each user or visitor (“user”, “you” or “your”) to visit the Site and participate in interactive features that we may make available from time to time (“Service”). We prepared this GRAMMY Museum Terms of Service (this “Agreement”) to help explain the terms that apply to your use of the Site.

  1. Legal Terms; Consent.

Use of the Site and Service is governed by this Agreement and the Privacy Policy, available at grammymuseum.org/privacy-policy If you do not agree to this Agreement, please do not access or use any part of the Site, do not use the Service, and do not contact our employees or representatives.

  1. Important Notice.

THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION “DISPUTE RESOLUTION” BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

  1. Updates to this Agreement.

We may modify this Agreement from time to time. We will notify you of material changes to this Agreement by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes. If you do not agree with the proposed changes, you should discontinue your use of the Site or Service. If you continue using the Site or Service after the new terms take effect, you will be bound by the modified Agreement.

  1. Privacy Policy.

In connection with your use of the Site or Service, please review our Privacy Policy located at grammymuseum.org/privacy-policy in order to understand how we use information we collect from you when you access, visit or use the Site. The Privacy Policy is part of and is governed by this Agreement and by agreeing to this Agreement, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms.

  1. Affirmative Representations Regarding Your Use of the Site or Service.

When you use the Site or Service, you represent that:

  • The information you submit is truthful and accurate;
  • Your use of the Site and of services available on the Site do not violate any applicable law or regulation;
  • You are 16 years of age or older;
  • You will comply with the rules for online conduct and making Contributions to the Site, as discussed in Section “Contributions” below; and
  • You will use the Site in compliance with applicable law.

 

  1. Member Accounts and Registration.

Certain areas of the Site may only be accessed by Members of the GRAMMY Museum in good standing.

 

  1. Prohibited Activities; Social Media Guidelines.

8.1 Prohibited Activities.

In connection with your use of the Site or Service, you may not:

  • Use the Site or Service for any unauthorized purpose including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications, or engaging in unauthorized framing of, or linking to, the Site or Service without our express written consent;
  • Transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Site or Service or the networks or services connected to the Site, including without limitation, hacking into the Site, or using the system to send unsolicited or commercial emails, bulletins, comments or other communications;
  • Impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity;
  • Post jobs for modeling or talent or talent scouting positions on the Site or Service or Service;
  • Post on the Site or Service any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case these types of postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
  • Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Site or any portion thereof; or
  • Circumvent, disable or otherwise interfere with security related features of the Site or Service or Service or features that prevent or restrict use or copying of any Materials (as defined in Section “Ownership Rights”) or enforce limitations on use of the Site or Service or the Materials on the Site or Service or Service.

 

8.2 Social Media Guidelines.

If you access or use any of our social media pages (e.g., Facebook) or other areas of our Site or Service that allow Users or Members to upload contributions, we ask you to follow the following guidelines when making Contributions:

  • Be polite and courteous;
  • Stay on topic;
  • Keep the conversation relevant to the community;
  • Contribute to the dialogue;
  • All postings should come from a real person.

 

  1. Our Intellectual Property Rights.

For the purpose of this Agreement, “Content” means the text, document, information, data, articles, images, photographs, graphics, designs, logos, video recordings, audio recordings, sounds, and other materials. All Content on the Site or Service and the trademarks, service marks, and logos contained on the Site or Service, (collectively “Materials”) are owned by us, or licensed to us by our licensors. The GRAMMY Museum and its licensors own all right, title and interest, including all related US and foreign copyright, trademark, patent, trade secrets, and other intellectual property or proprietary rights in the Site, Service, and Materials, and these rights are protected by United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to the Site, Service and Materials.

The Site, Service and the Materials are for your information and personal use only and not for commercial exploitation.

If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.

 

  1. License.

Subject to your compliance with these Terms, the GRAMMY Museum grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Site, and Service only for your personal use and not for any commercial purpose.

You may not:

  • Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any part of the Site or Service except as expressly permitted by this Agreement;
  • Modify, translate, adapt, or create derivative works or improvements, whether or not patentable, of the Site or Service;
  • Reverse engineer, disassemble, decompile, decode, or attempt to derive or gain access to the source code of any part of the Site or Service;
  • Remove, delete, alter, or obscure any copyright, trademark, patent, or other intellectual property or proprietary rights notices applied to the Site or Service;
  • Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or make available access to any part of the Site or Service, to any third party for any reason;
  • Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features protecting any part of the Site or Service; or
  • If you violate this Agreement, this license to use the Site or Service will cease immediately and you will be required, in our discretion and at your cost, to return or destroy any copies of the Site or Service that you have made, and to reimburse us for all costs and expenses resulting from having to recreate any data lost due to your actions or omissions, and for any loss of income or opportunity caused by such violation.

 

  1. Our Management of the Site and Service; User Misconduct Updates to this Agreement.

12.1 Our Right to Manage the Site and Service.

We reserve the right, but do not undertake the obligation to:

  • Monitor or review the Site and use of the Service for violations of this Agreement and for compliance with our policies;
  • Report to law enforcement authorities and/or take legal action against anyone who violates this Agreement;
  • Refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any of our policies or are excessive in size or burdensome without prior notice to you;
  • Manage the Site and Service in a manner designed to protect our and third parties’ rights and property or to facilitate the proper functioning of the Site or use of the Service;
  • Screen our users and Members, or attempt to verify the statements of our users or Members; and/or
  • Monitor disputes between you and other users or to termination or block you and other users for violations of this Agreement.

 

12.2 Our Right to Terminate Users.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

  1. Your Interaction with Other Users.

You are solely responsible for your interactions with other users of the Site or Service. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site or through the Service and that you give to other users of the Site. We urge you not to post publicly on the Site or through the Service your full name, telephone numbers and street addresses.

Information posted to the Site or through the Service by other users or Members may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. We expect that you will use caution and common sense when using the Site or the Service.

  1. Term; Survival.

14.1 Term.

This Agreement shall remain in full force and effect while you use the Site or Service. You may terminate your use or participation at any time, for any reason, by ceasing to use the Site or Service. We may also, in our sole discretion, limit, suspend, or terminate the Site or Service or prohibit access to it.

14.2 Survival. 

Even after you cease using the Site or Service or following termination, the provisions of this Agreement set forth in Sections Grant of License to Us, Our Intellectual Property Rights, Warranty Disclaimers, Limitation of Liability, and Indemnity, will remain in effect.

  1. Copyright Policy.

As an organization of creators, the GRAMMY Museum considers the protection of copyright of utmost importance. In addition to following the provisions of the DMCA, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or Materials available on the Site or through the Service infringe upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act Policy ________________________________.

  1. Third Party Sites.

The Site may contain links to websites operated by third parties (including without limitation the third party service provider that operates our online store) (“Third Party Sites”). Some of these Third Party Sites may be “co-branded” with our logos, for example our Facebook and Twitter pages, which you can access through links on the Site; however, these Third Party Sites are not operated or maintained by us. We do not own or operate the Third Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Site does not represent, warrant or imply that we endorse any Third Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third Party Sites may also be protected by copyright and other intellectual property laws. THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY SITES. BEFORE VISITING A THIRD PARTY SITE BY MEANS OF THE SITE OR A LINK LOCATED ON THE SITE, USERS SHOULD REVIEW THE THIRD PARTY SITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER SITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF THESE THIRD PARTY SITES.

  1. Legal Disputes and Arbitration Agreement.

Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court

17.1 Initial Dispute Resolution.

We are available by phone at 310-392-3777 (please request Business Affairs) or email at copyright@grammy.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

17.2 Agreement to Binding Arbitration.

If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Subsection immediately  above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be subject to the Federal Arbitration Act.

The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

17.3 Class Action and Class Arbitration Waiver.

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Subsection immediately above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

17.4 Exception – Small Claims Court Claims. 

Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

17.5 30 Day Right to Opt Out.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Legal Disputes and Arbitration Agreement”  by sending written notice of your decision to opt-out to the following address: copyright@grammy.com or by fax to 310-581-8795. The notice must be sent within thirty (30) days of accessing the Site or registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section “Legal Disputes and Arbitration Agreement”. If you opt-out of these arbitration provisions, we also will not be bound by them.

17.6 Exclusive Venue for Litigation.

To the extent that the arbitration provisions set forth in this Section “Legal Disputes and Arbitration Agreement” do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions.

17.7 Applicable Law.

You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern this agreement and any claim or dispute that has arisen or may arise between you and The GRAMMY Museum.

  1. Warranty Disclaimer; Limitation on Liability.

18.1 Disclaimer of Warranties.

ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON THE SITE, OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, MATERIALS HOSTED ON THIRD PARTY SITE, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE, AND YOUR USE THEREOF.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE MATERIALS OR THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS PUBLISHED ON THE SITE OR LINKED TO BY THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY

  • ERRORS, MISTAKES OR INACCURACIES OF ANY MATERIALS;
  • PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE;
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR;
  • ANY ERRORS OR OMISSIONS IN ANY MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

18.2. Limited Liability.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.

18.3 Exceptions to Disclaimers and Liability Limitations.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN THE SUBSECTIONS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.

  1. Indemnity.

You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, Service, or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

  1. Limitation on Time to File a Claim.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, OR RELATING TO THIS AGREEMENT, THE SITE, SERVICE, MATERIALS, OR ANY ITEM OR INFORMATION OBTAINED THROUGH THE SITE OR SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Users Located Out of the United States.

Access to the Site or Service by certain persons or in certain countries may not be legal. If you access the Site or Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Force Majeure.

Company will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control.

  1. Entire Agreement.

This Agreement constitutes the entire agreement between you and us regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

  1. Independent Contractors.

Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.

  1. No Third Party Beneficiaries.

This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.

  1. Section Titles.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

  1. Non-Waiver.

Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of the applicable right or provision.

  1. Severability.

This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

  1. Assignment.

We may assign our rights under this Agreement without your approval.

  1. No Modifications by Our Employees.

If any of our employees offer to modify the terms of this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

  1. Contact Information.

If you have any questions about this Agreement or your account, you may contact us:

Send an email to: BANotice@grammy.com

 

or

 

Send postal mail to:

GRAMMY Museum Foundation, Inc.

Privacy Office

800 W. Olympic Blvd.

Lost Angeles, CA 90015