Terms of Use

[Last updated: June 2, 2023]

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE SITE.

These Terms of Use (these “Terms”) apply when you access or use the Recording Inclusivity Initiative website located at recordinginclusivity.allclassical.org (the “Website”), the Recording Inclusivity Initiative How-To Kit located at recordinginclusivity.allclassical.org/how-to-kit/ (the “How-to-Kit”), and the Recording Inclusivity Initiative Database located at riidb.com (the “RII Database”) (the Website, How-to-Kit, and RII Database are referred to collectively as the “Site”) provided by All Classical Public Media, Inc. (“ACPM”). By registering for any service or information provided on the Site, you become a user (“User”) and you agree to be bound by all of the Terms as long as you remain a User. If you are using the Site on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf. The Terms are subject to change at any time and at ACPM’s sole discretion. If ACPM makes changes to these Terms, it will provide notice of such changes, such as by sending you an email, by providing notice through the Site, or by updating the “Last updated” date at the top of these Terms. Your continued use of this Site following the posting of changes will confirm that you accept the changed Terms. ACPM encourages you to review the Terms regularly to ensure that you understand the terms and conditions that apply to your use of the Site. If you do not agree to the changed Terms, you must stop using the Site.

Site Use.

this Site IS available for informational, REFERENCE, and educational purposes ONLY. ACPM grants you a limited, revocable, nonexclusive license to use this Site solely for your own informational, reference, and educational purposes in connection with establishing your own approach to advancing the goals of the Recording Inclusivity Initiative, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use, except as provided hereunder.

Accounts.

To access certain areas and features of the Site, you must register for an account using the registration form provided to you by ACPM. If you register an account, you will: (i) provide accurate, truthful, current, and complete account information; (ii) maintain and promptly update your account information to keep it accurate, current, and complete; (iii) maintain the security of your account; (iv) promptly notify ACPM if you discover or otherwise suspect any security breaches related to the Site; and (v) accept all risks of unauthorized access to your account information and any other information you provide to ACPM.

Limitations of Liability and Indemnification.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ACPM OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “ACPM PARTIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM ACPM OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SERVICES OR ACPM’S RECORDS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

Do Not Rely on Resources and Information Provided on the Site.

All documents, opinions, advice, statements or other resources and information available on the Site should not necessarily be relied upon and are not to be construed as professional advice from ACPM. ACPM does not guarantee the completeness of any of the resources and information provided and is not responsible for any loss resulting from your reliance on such information. No professional advice is implied or should be assumed in connection with the inclusion of these resources within the Site. The availability of the resources and information within the Site does not constitute legal or professional advice.

Ownership, Copyrights, Trademarks, Licenses.

ACPM owns and retains all proprietary rights to the Site, the Recording Inclusivity Initiative trademarks, including, but not limited to, the word mark and design marks (the “RII Marks”), and all designs, text, graphics, pictures, information, data, software, and the selection and arrangement thereof (collectively, the “ACPM Materials”) are the proprietary property of ACPM or its licensors and are protected by United States and international copyright laws. For the avoidance of doubt, ACPM Materials and “data” do not include any sound recording copyrights that you upload to or make available through the Site.

Notwithstanding any agreement you may have with ACPM that includes broader license rights to the Site or any ACPM Materials therein, you are granted a limited, non-exclusive, non-sublicensable, revocable license to: (i) access and use the Site; (ii) use the RII Marks solely in connection with your participation in the Recording Inclusivity Initiative; and (iii) reproduce and use (except where prohibited without a license) and print to hard copy parts of the ACPM Materials, but in each instance solely for your informational, noncommercial, and personal use or otherwise in accordance with a written agreement between you and ACPM. This license is subject to these Terms and, except as expressly permitted on the Site or under a separate written agreement between you and ACPM, you do NOT have the right to do any of the following: (a) sell, resell, or commercially use the Site or the ACPM Materials; (b) distribute, publicly perform, or publicly display any part of the ACPM Materials; (c) publish or reproduce any part of the ACPM Materials on the Internet or any external websites, networks, or servers; (d) modify or otherwise make any derivative uses of any part of the Site or the ACPM Materials; (e) download (other than via page caching) any part of the Site or the ACPM Materials that are not expressly provided by ACPM for download; or (f) use any part of the Site or the ACPM Materials for anything other than for their intended purposes. Any use of the Site or the ACPM Materials other than as specifically authorized by these Terms or in writing by ACPM is strictly prohibited and will terminate your license to the Site and the ACPM Materials. Such unauthorized use also may violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

Copyright Complaints

If you believe that anything on the Site infringes on any copyright you own or control, you may file a notification with ACPM’s Designated Agent as set forth below:

Agent Designated to Receive Notification of Claimed Infringement: [TBD]

Address to Send Notification: [TBD]

Telephone Number of Designated Agent: [TBD]

Email Address of Designated Agent: [TBD]

Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification.

Credit.

Wherever and whenever reasonably possible, you agree to include an appropriate credit for the Recording Inclusivity Initiative on materials that you create in connection with your participation in the Recording Inclusivity Initiative, including, but not limited to, physical and digital recordings that you release and accompanying promotional assets. ACPM requests that credit be accorded in the following form: “A recording project of the Recording Inclusivity Initiative, founded by All Classical Portland.”

Permitted Use of the Site.

The Site may contain interactive areas (“Interactive Areas”), such as discussion forums, emails, or other interactive features or areas in which you or other users can create, post, transmit, or store content, including, without limitation, text, sound recordings, still images, graphics, and other items or materials (collectively, “User Content”). User Content posted within Interactive Areas may be publicly viewable to others. You are solely responsible for your User Content and for your use of Interactive Areas, which you use at your own risk.

You will not post, upload to, transmit, distribute, store, create, or otherwise publish through the Site any of the following:

User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the legal rights of any party, or otherwise create liability, or violate any local, state, national, or international law;

User Content that is unlawful, libelous, indecent, inappropriate, profane, defamatory, infringing, obscene, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;

User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;

Files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

Viruses, corrupted files, or other harmful, disruptive, or destructive files; Unsolicited promotions, political campaigning, advertising, or solicitations, unless the applicable Interactive Areas specifically allow such messages; or

Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and payment card information.

ACPM takes no responsibility and assumes no liability for: (i) any User Content posted, stored, or uploaded by you or any third party; (ii) any associated loss or damage; or (iii) any user conduct. Although ACPM has no obligation to screen, edit, or monitor any of the User Content posted in any Interactive Areas, ACPM reserves the right, and has absolute discretion, to remove any User Content posted or stored through the Site at any time and for any reason without notice. Any use of the Interactive Areas or other parts of the Site in violation of the foregoing violates these Terms and may result in, among other things, termination, or suspension of your rights to use the Site.

Rights to User Content

By submitting or posting User Content to the Site, and subject to the terms of any other license that you enter into with ACPM, you hereby grant ACPM a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, distribute, perform, and display such User Content throughout the world in any media on or in connection with the Site. You grant ACPM and its sublicensees the right to use the name, location, and other information that you submit in connection with such User Content. You represent and warrant that: (i) the User Content is not confidential; (ii) you own or control all of the rights to the User Content that you post, or otherwise have the right to post such User Content to the Site; (iii) the use and posting of the User Content does not violate these Terms.

No Warranties.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY ACPM, THE SERVICES AND ACPM MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ACPM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE AND THE ACPM MATERIALS, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ACPM, ACPM DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT CONTAINED THEREIN IS ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IT IS YOUR RESPONSIBILITY TO USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Feedback.

ACPM welcomes suggestions and feedback on how to improve this Site. Please contact us at RII@allclassical.org. The submission of any suggestions or ideas through this Site will be deemed permission for ACPM to use, adopt or modify them without additional consideration. All suggestions and ideas so submitted become the sole property of ACPM.

Privacy Notice.

ACPM may, from time to time, collect personal information about you that you voluntarily submit to the Site in order to become a User of the Site. If you do not wish to provide such information to the Site, you may be unable to register and/or to obtain the resources and information made available through the Site. ACPM may collect or track: (i) the server domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site; (ii) the email addresses of visitors that communicate with ACPM via email; (iii) information knowingly provided by User in registration forms, surveys, email, and other online avenues; and (iv) aggregate and User-specific information regarding which pages a User accesses. ACPM may place Internet “cookies” on your hard drive. Internet cookies are small amounts of data that contain a unique identifier that many websites frequently send to your web browser to be stored on your computer’s hard drive in order to save data about you, such as your name, password, user-name, screen preferences, and the pages of a website you have viewed. When you revisit the Site, ACPM may recognize you by your Internet cookies and customize your experience accordingly. You may decline Internet cookies by using the appropriate feature of your Web browser software, if available. ACPM may use Google Analytics or a similar service to gather, store, and track certain information related to your visit to and activity on the Site. The collection, use, and disclosure of information contemplated in this Privacy Notice may involve a transfer of the information to jurisdictions located outside your country of residence that may not have equivalent laws and rules regarding personally identifiable information. ACPM may use Site visitor data to contact Site visitors regarding registration and account status and changes to this Agreement and any other policies or agreements relevant to Site visitors. Individually identifying personal information provided through the Site will not be sold, exchanged, transferred or otherwise disclosed to third parties not affiliated with ACPM without your consent, other than for the express purpose of delivering the applicable service or information requested. ACPM has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personal information. Despite ACPM’s efforts to protect your personal information, there is always a risk that an unauthorized third party may circumvent such procedures or that transmissions of your information over the Internet may be intercepted. The confidentiality of any communication or material transmitted to or from ACPM via this Site or via email cannot be and is not guaranteed. Upon your request via postal mail, email, or telephone, ACPM will provide you with a summary of any personal information retained by ACPM that has been voluntarily provided by you through registration forms, surveys, email, or another online avenue.

Indemnification.

You will defend, indemnify, and hold harmless the ACPM Parties from and against any third party claims, damages of any kind, costs, liabilities, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to: (i) your use of the Site; (ii) any User Content you provide; (iii) your violation of these Terms; or (iv) your violation of the rights of another.

Links to Other Websites.

ACPM has provided links to other websites for your convenience. These sites are maintained by other organizations and ACPM expressly disclaims any responsibility for the content, and/or quality of products or services provided by or made available on these third-party websites.

Governing Law.

This Agreement or any dispute arising from this Agreement is governed by the laws of Oregon, without regard to provisions of conflicts of law. Any dispute arising out of or relating to these Terms will be submitted to a court of competent jurisdiction in Portland, Oregon, and you hereby consent to the jurisdiction of any such court.

Severability.

If any provision is found to be invalid, the remaining provisions will be in full force and effect.

Certification.

You certify that you are at least 18 years of age and that your answers to the registration materials on the Site will be truthful. You further certify that: (i) you have the full right, power, and authority to act on behalf of a “public broadcasting entity” as defined in 17 U.S.C. section 118(f) and/or 47 U.S.C. section 397(11) and to complete the Site registration materials; and (ii) the public broadcasting entity on behalf of which you are acting is in good standing with all applicable regulations and licenses as may be required in connection with the production, distribution, or dissemination of educational and cultural radio programs.

Waiver.

The failure of ACPM to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by ACPM must be in writing and signed by an authorized representative of ACPM.

Entire Agreement.

These Terms and any License Agreement provided by ACPM constitute the sole and entire agreement between you and ACPM regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

You further understand and agree that clicking or pressing on “I agree” within the Site is the electronic equivalent of a written signature and your agreement to be bound to these Terms.

[Last updated: June 2, 2023]

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING OR UPLOADING MATERIAL TO THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THIS LICENSE AND THE TERMS OF USE AVAILABLE HERE.

This License Agreement (“License”) is between the Public Broadcasting Entity whose authorized user clicks or presses on “I agree” in connection with accessing or using RII Database Content (each an “RII Database User”) and All Classical Public Media, Inc. (“ACPM”).

Definitions.
- RII Database Content. As used herein, RII Database Content shall mean: (i) composer and lyricist information, including the composer’s name, lyricist’s name, and any accompanying biographical material (“Composer Information”); (ii) musical work information, including accompanying descriptions of the musical work (“Musical Work Information”); (iii); artist information, including the artist’s name and any accompanying biographical material (“Artist Information”); (iv) sound recording information, including any accompanying sound recording information and metadata (“Sound Recording Information”); (v) suggested daypart information (“Daypart Information”); (vi) sound recording digital phonorecord files (each an “RII Recording”); and (vii) the musical work as embodied in the RII Recording (“each an “RII Composition”). Composer Information, Musical Work Information, Artist Information, Sound Recording Information, and Daypart Information are collectively referred to herein as “RII Database Information.”
- Public Broadcasting Entity. As used herein, a Public Broadcasting Entity shall mean a “public broadcasting entity” as defined in 17 U.S.C. section 118(f) and/or 47 U.S.C. section 397(11), including, without limitation, a licensed station that receives, or is eligible to receive, general operational support from the Corporation for Public Broadcasting (“CPB”) and is otherwise subject to those certain agreements currently in effect and executed by and between CPB and ASCAP, BMI, SESAC, The Harry Fox Agency, LLC, and SoundExchange, Inc. (collectively, the “CPB License Agreements”).
- Promotional Purposes. As used herein, Promotional Purposes shall mean use of RII Database Content or any portion thereof solely in connection with: (i) a Public Broadcasting Entity’s participation in the Recording Inclusivity Initiative as evidenced by registration as a User of the Site; (ii) compliance with the terms of the CPB License Agreements; and (iii) reproduction and use of RII Recordings in furtherance of the preceding purposes and as non-royalty bearing “promotional gratis copies,” as such term is commonly understood in the recording industry.
Grant of License from ACPM. Subject to the terms, conditions and limitations hereof (including, without limitation, the terms, conditions, and limitations set forth in the Terms of Use), ACPM agrees to and hereby grants RII Database User, and RII Database User hereby accepts, a personal, nontransferable, nonexclusive, non-sublicensable, revocable, limited license to reproduce and use the RII Database Content in the United States and solely for Promotional Purposes.
Grant of License to ACPM. Subject to the terms, conditions and limitations hereof (including, without limitation, the terms, conditions, and limitations set forth in the Terms of Use), RII Database User agrees to and hereby grants ACPM, and ACPM hereby accepts, a nontransferable, nonexclusive, irrevocable, and perpetual right throughout the United States to: (i) reproduce, distribute, transmit, display, and perform the RII Database Information; (ii) reproduce, distribute, transmit, and use each RII Recording uploaded to the Site in connection with the Promotional Purposes; and (iii) reproduce, distribute, transmit, and use each RII Composition uploaded to the Site in connection with the Promotional Purposes. If any use of RII Database Content is authorized under another license, such as the CPB License Agreements, such use for that sole purpose shall be deemed authorized by that license instead of this License. In all events, ACPM shall have no liability by reason of any such use.
Negation of Rights Not Licensed. Any rights that are not expressly granted by this License shall not be implied; the license granted pursuant to this License authorizes or permits only the use of the RII Database Content that is expressly provided herein.
Duration of License. This License shall commence on the date when an RII Database User accepts the terms hereof by clicking on “I agree” and shall terminate on the earlier of: (i) the discontinuance and removal of the Site; and (ii) the expiration of copyright in the RII Database Content.
RII Database User Warranties.
- Authority. RII Database User represents and warrants that it is in good standing with all applicable regulations and licenses as may be required of a Public Broadcasting Entity in connection with the production, distribution, or dissemination of educational and cultural radio programs.
- Ownership. RII Database User represents and warrants that: (i) it is the owner of the entirety of the rights in any RII Database Content that it contributes to the Site; or (ii) it has the full authorization and authority to enter into this License and grant the licenses herein.
- No Grant of Other Rights. No other rights, permission or consent is necessary for the RII Database User to use the RII Database Content in accordance with the license granted herein nor are any fees, royalties, or, a use payment of any kind due to third parties in connection with the exercise of the licenses granted herein.
- Indemnification. RII Database User shall indemnify and hold ACPM or its directors, officers, employees and agents harmless from any claim, loss, liability, damage or expense (including reasonable attorneys’ fees) arising out of any claim, lawsuit or demand which is inconsistent with any of the warranties hereunder.
Assignment. The license granted to RII Database User is personal and shall not be sublicensed, assigned, or otherwise transferred without the prior written consent of ACPM.
Governing Law. This License shall be governed pursuant to the laws of the state of Oregon. Any dispute arising out of or relating to this License will be submitted to a court of competent jurisdiction in Portland, Oregon, and you hereby consent to the jurisdiction of any such court.