Effective Date: May 15, 2018

See related:  Privacy Policy

Introduction; Consent to Terms

Please read these Terms of Use before using noncommusic.org or any application, feature or service of the site (the “noncomMUSIC Alliance Site”). By using the noncomMUSIC Alliance Site, you agree to be bound by these Terms of Use and the noncomMUSIC Alliance Site Privacy Policy (the “Privacy Policy”). If you do not agree to these Terms of Use and the Privacy Policy, please exit the noncomMUSIC Alliance Site and do not use the noncomMUSIC Alliance Site or any of its applications, features or services. We reserve the right, at our discretion, to modify, add, or delete portions of these terms at any time by posting updated Terms of Use and/or an updated Privacy Policy on the noncomMUSIC Alliance Site. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions, or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the noncomMUSIC Alliance Site following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes. 

Please note that these Terms of Use and the Privacy Policy are separate and distinct from the terms of use and privacy policies governing the sites, applications, features, and services of National Public Radio, Inc. (NPR), NPR Member stations, any of the public radio music stations, artists, bands, or other music organizations that are partners of or have contributed content to the noncomMUSIC Alliance Site (the “noncomMUSIC Alliance Site Partners”), or the sites, applications, features and services that may link to or be linked to from the noncomMUSIC Alliance Site.  

Additional terms and conditions – such as terms and conditions applicable to the use of content, materials, features or services of the Partner Portal for noncomMUSIC Alliance Site Partners (the “Partner Portal”) – may apply to your use of particular areas, features or services of the noncomMUSIC Alliance Site.  We may send you additional terms and conditions or post additional terms and conditions on the Partner Portal when you log in to those areas.  If there is any conflict between those additional terms and conditions and these Terms of Use, the additional terms and conditions will take precedence over these Terms of Use.

Copyrights

The contents of the noncomMUSIC Alliance Site are protected by U.S. and international copyright laws.  The contents of the noncomMUSIC Alliance Site are owned by or licensed to the American Coalition for Public Radio (“ACPR,” “we” or “us”).  Some of the content included on the noncomMUSIC Alliance Site also may be owned by or licensed to NPR, NPR Member stations, or the noncomMUSIC Alliance Partners. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, publicly perform, sell, transfer, assign, license, or use for commercial purposes any copyrighted content or material on the noncomMUSIC Alliance Site without the prior written consent of ACPR, except as provided in these Terms of Use or as otherwise agreed in writing between you and ACPR.  All rights not expressly granted in these Terms of Use are reserved to ACPR. 

You may copy, download one copy on a single computer, and print a limited amount of content on the noncomMUSIC Alliance Site, for your personal, non-commercial use only, provided that: (a) you include without modification all copyright and other proprietary notices contained in the content; (b) you do not modify the content; (c) you do not use the content in a manner that suggests that ACPR, NPR, NPR Member stations, or any of the noncomMUSIC Alliance Site Partners promote or endorse your, or any third party’s, causes, ideas, products, sites, applications, platforms, or services; and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. 

If you are a noncomMUSIC Alliance Site Partner, you may copy, download and use content and materials provided via the Partner Portal solely to promote your organization’s noncommercial music mission and/or for advocacy purposes in support of your organization’s public policy goals, provided that (a) you include without modification all copyright and other proprietary notices contained in the content and materials; (b) you do not modify the content or materials, except as permitted by ACPR; (c) you do not use the content in a manner that suggests that ACPR, NPR, NPR Member stations, or any of the noncomMUSIC Alliance Site Partners promote or endorse your, or any third party’s, causes, ideas, products, sites, applications, platforms, or services; (d) you do not use the content or materials in any way that is unlawful or harmful to any other person or entity; and (e) your use of the content and materials shall be in accordance with any and all further instructions and terms and conditions provided by ACPR.  

 To request permission for any other use of the noncomMUSIC Alliance Site content, material or services, please contact us.

Trademarks

The noncomMUSIC Alliance, American Coalition for Public Radio, ACPR, National Public Radio, NPR, and noncomMUSIC Alliance Site Partners’ names and logos are trademarks or service marks, respectively, of ACPR, NPR, NPR Member stations, and the noncomMUSIC Alliance Site Partners. All rights are reserved by the respective owners.  You may not use any of the noncomMUSIC Alliance Site-provided service marks, logos, or graphics without ACPR’s prior written consent, except as specifically permitted by these Terms of Use.

User Materials and Partner Materials

Users of the noncomMUSIC Alliance Site may upload, transmit and/or otherwise submit (“Submit”) contact information, notes, messages, other text, logos, photos, images, and other content and materials (“User Materials”) on or through the Contact page, Join page, the Partners page, the Partner Portal, and other features and services of the noncomMUSIC Alliance Site.  You acknowledge that User Materials may be routed through our servers, the servers of one or more third parties on our behalf, and the Internet, and may be viewed by ACPR, NPR, NPR Member stations, and noncomMUSIC Alliance Site Partners.

You further acknowledge that in the case of User Materials Submitted through the Partner page, through the Partner Portal, as part of a request to become a noncomMUSIC Alliance Site Partner, or otherwise Submitted by a noncomMUSIC Alliance Site Partner or a party seeking to become a noncomMUSIC Alliance Site Partner (“Partner Materials”), such Partner Materials may be viewed on the noncomMUSIC Alliance Site by the general public.  You acknowledge that the noncomMUSIC Alliance Site is for public and not private communications.    

If we have questions about your User Materials and Partner Materials, we have the right, but not the duty, to contact you for further information. 

You retain the copyright and other ownership rights in any User Materials and Partner Materials that you Submit on or through the noncomMUSIC Alliance Site.  By Submitting Partner Materials on or through the noncomMUSIC Alliance Site, you hereby grant ACPR, NPR, NPR Member stations, other noncomMUSIC Alliance Site Partners, and their respective subsidiaries and affiliates, a non-exclusive, perpetual, royalty-free worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt your Partner Materials in connection with the promotional and advocacy purposes of the noncomMUSIC Alliance, in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, the noncomMUSIC Alliance Site, NPR.org and NPR sites, applications and services, NPR member stations sites, applications and services, noncomMUSIC Alliance Site Partners sites, applications, and services, and other sites, applications and services, without payment and without further consent or notice to you.  You further grant ACPR, NPR, NPR Member stations, and noncomMUSIC Alliance Site Partners, and their respective subsidiaries and affiliates, the right to contact you in connection with your User Materials and Partner Materials and to use your name, organization name, city and state, and other information that you have provided in connection with the authorized use of the Partner Materials.

In addition, you grant each user of ACPR, NPR, NPR Member stations, noncomMUSIC Alliance Site Partners, and their respective licensees, a non-exclusive, royalty-free, worldwide license to access your Partner Materials on or through the noncomMUSIC Alliance Site and to use your Partner Materials pursuant to these Terms of Use.

For any User Materials and Partner Materials you Submit on or through the noncomMUSIC Alliance Site, you agree to abide by these Terms of Use.  You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations and Warranties; Indemnification” section in these Terms of Use.

Framing

ACPR does not allow framing of the noncomMUSIC Alliance Site. 

Links to the noncomMUSIC Alliance Site

ACPR is committed to serving public radio.  ACPR encourages and permits links to content on nonrestricted areas of the noncomMUSIC Alliance Site.  You may not, however, link to restricted areas of the noncomMUSIC Alliance Site (non-public areas accessible only to noncomMUSIC Alliance Partners), and any linking should not suggest ACPR, the noncomMUSIC Alliance Site, NPR, NPR Member stations, or noncomMUSIC Alliance Site Partners, promote or endorse any third party’s causes, ideas, sites, products, or services, or use the noncomMUSIC Alliance Site content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity.  We reserve the right to withdraw permission for any link. 

Links to Third Party Sites, Applications, Platforms and Services

The noncomMUSIC Alliance Site may contain links to sites, applications, platforms and services maintained by third parties, over which ACPR has no control.  ACPR does not endorse the content, operators, products, or services of such third party sites, applications, platforms and services, and ACPR is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services, or other materials on or available from such third party sites, applications, platforms and services.  ACPR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, or services available on or through such third party sites, applications, platforms and services. 

The noncomMUSIC Alliance Site may include certain embedded tools provided and controlled by third parties and governed by the terms and policies of the third parties.  You should only use these third party tools if you agree to their respective terms and policies.

Passwords

To participate in certain noncomMUSIC Alliance Site activities, you must register and establish a password.  You are solely responsible for all activities that occur using your registration or password.  You must maintain the confidentiality of your password, and you agree to immediately notify ACPR of any unauthorized use of your account or password.

Mobile Services; High Data Usage Warning

If you use the noncomMUSIC Alliance Site on your mobile device, please check your wireless plan, because carrier data use charges or other fees may apply. You must provide at your own expense the equipment and connections needed for you to use the noncomMUSIC Alliance Site on your mobile device, and you agree that you are solely responsible for any costs you incur to access the noncomMUSIC Alliance Site on your mobile device, including any excess data charges. You should keep in mind that the use of the noncomMUSIC Alliance Site on your mobile device to send content to another person may result in wireless charges to both the sender and the receiver.

Rules for Use of the noncomMUSIC Alliance Site

By using the noncomMUSIC Alliance Site, including Submitting User Materials or Partner Materials through the noncomMUSIC Alliance Site, you agree to the following rules:

  • You must be at least eighteen (18) years of age to submit any User Materials or Partner Materials on or through the noncomMUSIC Alliance Site. If you are between the ages of 13 and 18, you may browse the noncomMUSIC Alliance Site with the consent of your parent(s) or guardian(s), so long as you do not submit any User Materials or Partner Materials.  If you are under 13 years of age, please do not send any information about yourself, including your name, e-mail address, or telephone number.  If we discover that we have collected any personally-identifying information from a child under the age of 13, we will remove that information from our database as soon as possible.
  • You may not Submit any User Materials or Partner Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself. 
  • You may not Submit any User Materials or Partner Materials or links to material that are libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitute hate speech or a personal attack.
  • You may only Submit User Materials and Partner Materials for which you have the copyright or other necessary rights and permissions to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights.  You promise and represent that you own or have all necessary rights and permission to use, distribute, and authorize ACPR, NPR, NPR Member stations, and the noncomMUSIC Alliance Partners to use and distribute, any User Materials or Partner Materials pursuant to these Terms of Use.
  • You may not submit any software or other material which contains a virus, trap door, back door, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs, adware, device or other features that may access, alter, delete, damage or disable any hardware, software, information or other property of the noncomMUSIC Alliance Site, ACPR, NPR, NPR Member stations, or any noncomMUSIC Alliance Site Partners. You may not interfere with or disrupt the integrity or performance of the noncomMUSIC Alliance Site, any portion or contents thereof, or related systems or networks, or use the noncomMUSIC Alliance Site in any way which degrades its reliability, speed or operation, or the underlying hardware or software. In addition, you may not attempt to gain unauthorized access to the noncomMUSIC Alliance Site or related systems or networks.
  • You are solely responsible for any User Materials or Partner Materials you Submit. ACPR is not responsible for any User Materials or Partner Materials Submitted by you or others on or through the noncomMUSIC Alliance Site.

Representations and Warranties; Indemnification

You represent and warrant that: (a) if you Submit any User Materials or Partner Materials on or through the noncomMUSIC Alliance Site, you are at least 18 years of age; (b) you have obtained all clearances, releases, licenses, and rights to any User Materials and Partner Materials you Submit on or through the noncomMUSIC Alliance Site that may be necessary for their use as contemplated by the noncomMUSIC Alliance Site and these Terms of Use; (c) there are no encumbrances or restrictions on the User Materials or Partner Materials or their use as contemplated by these Terms of Use; (d) the User Materials and Partner Materials, and their use by the noncomMUSIC Alliance Site, ACPR, NPR, NPR Member stations, and noncomMUSIC Alliance Site Partners (pursuant to these Terms of Use) does not and will not libel any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, privacy, reputation, creative or other rights of any person or entity or violate these Terms of Use; and (e) your use of the noncomMUSIC Alliance Site complies with these Terms of Use. 

You agree that you will indemnify and hold harmless the noncomMUSIC Alliance Site, ACPR, NPR, NPR Member stations, and the noncomMUSIC Alliance Site Partners from any and all claims, liabilities, costs, or expenses, including reasonable attorneys’ fees, arising from: (1) your breach of any of the above representations and warranties; (2) your use of the noncomMUSIC Alliance Site; (3) the User Materials and Partner Materials you have Submitted on or through the noncomMUSIC Alliance Site; or (4) ACPR’s authorized publication, distribution, or use of such User Materials and Partner Materials, or the authorized publication, distribution or use of such User Materials and Partner Materials by NPR, NPR Member stations, or noncomMUSIC Alliance Site Partners.

Disclaimer

THE NONCOMMUSIC ALLIANCE SITE AND ANY CONTENT, MATERIALS, USER MATERIALS, PARTNER MATERIALS, OR FEATURES AVAILABLE ON OR THROUGH THE NONCOMMUSIC ALLIANCE SITE ARE AVAILABLE ON AS “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE.  ACPR DOES NOT WARRANT THAT THE NONCOMMUSIC ALLIANCE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.  ACPR DOES NOT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NONCOMMUSIC ALLIANCE SITE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS, PARTNER MATERIALS, FEATURES, OR SERVICES AVAILABLE ON OR THROUGH THE NONCOMMUSIC ALLIANCE SITE OR THROUGH LINKS ON THE NONCOMMUSIC ALLIANCE SITE.  USE OF THE NONCOMMUSIC ALLIANCE SITE AND ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, PARTNER MATERIALS, FEATURES, OR SERVICES AVAILABLE ON OR THROUGH THE NONCOMMUSIC ALLIANCE SITE IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT WILL ACPR, THE NONCOMMUSIC ALLIANCE SITE, NPR, NPR MEMBER STATIONS, ANY OF THE NONCOMMUSIC ALLIANCE SITE PARTNERS, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SUBSIDIARIES, OR AFFILIATES BE LIABLE: (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE NONCOMMUSIC ALLIANCE SITE; (B) RELATING TO ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE NONCOMMUSIC ALLIANCE SITE; OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.  IN NO EVENT WILL ACPR, THE NONCOMMUSIC ALLIANCE SITE, NPR, NPR MEMBER STATIONS, ANY OF THE NONCOMMUSIC ALLIANCE SITE PARTNERS, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SUBSIDIARIES, OR AFFILIATES BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. THE FOREGOING LIMITATIONS OF LIABILITY WILL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ACPR’S NEGLIGENCE OR FOR ANY INJURY CAUSED BY ACPR’S FRAUD OR FRAUDULENT MISREPRESENTATION ARISING OUT OF OR RELATED TO THIS SITE.

Right to Change the noncomMUSIC Alliance Site

ACPR reserves the right to change, suspend, or terminate the noncomMUSIC Alliance Site or any features, content or materials contained on the noncomMUSIC Alliance Site, in any way, at any time, and for any reason or no reason.  ACPR also has the right to require you to cease accessing any features, content, or materials of the noncomMUSIC Alliance Site. 

Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent

ACPR respects the intellectual property rights of others.  If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on the noncomMUSIC Alliance Site, please provide the following information in writing to the noncomMUSIC Alliance Site’s Copyright Agent (see 17 U.S.C. § 512(c)(3) for further details):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of the material that you claim 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 sufficient to permit us to locate the material;
  • information so that we can contact you, such as address, telephone number, and email address;
  • 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;
  • a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.

If you believe that any content or materials you posted, uploaded, or submitted to the noncomMUSIC Alliance Site that were subsequently removed from the noncomMUSIC Alliance Site were improperly removed or disabled, please provide the following Counter-Notification to the noncomMUSIC Alliance Site’s Copyright Agent (see 17 U.S.C. § 512(g) for further details):

  • your physical or electronic signature;
  • a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  • your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.

The noncomMUSIC Alliance Site’s Copyright Agent can be reached as follows:

Michelle Shanahan
Copyright Agent noncomMUSIC Alliance
1111 North Capitol Street, N.E.Washington, D.C. 20002
Phone: (202) 513-2040
Fax: (202) 513-3021
E-mail: [email protected]

Only DMCA notices should be sent to the Copyright Agent.  For other comments or questions regarding the noncomMUSIC Alliance Site, please contact us through the noncomMUSIC Alliance Site. 

Users Outside the United States

The noncomMUSIC Alliance Site is controlled and operated within the United States and is not directed to users outside the United States.  ACPR makes no representation that content, materials, or products available on or through the noncomMUSIC Alliance Site are appropriate or available for use outside of the United States.  If you access the noncomMUSIC Alliance Site from a location outside the United States, you are responsible for compliance with applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations. 

Miscellaneous

These Terms of Use, together with the Privacy Policy, represent the entire understanding between you and ACPR regarding the use of the noncomMUSIC Alliance Site and, unless you and ACPR have otherwise agreed in writing, supersede any previous documents, correspondence, conversations, or other oral or written understanding related to the use of the noncomMUSIC Alliance Site.  These Terms of Use are separate and distinct from the terms of use governing the sites, applications, platforms, and services of NPR, NPR Member stations, and the noncomMUSIC Alliance Site Partners, and the sites, applications, platforms, and services that may link to or from the noncomMUSIC Alliance Site.  These Terms of Use shall be governed by and construed under District of Columbia law, without regard to its choice of law rules, and, where applicable, the laws of the United States.  Any dispute or claim relating in any way to the noncomMUSIC Alliance Site will be governed and interpreted by and under the laws of the District of Columbia, without giving effect to any principles that provide for the application of the law of any other jurisdiction.  To the extent permissible by law, any disputes under these Terms of Use or relating to the noncomMUSIC Alliance Site will be litigated in the local or Federal courts located, and by using the noncomMUSIC Alliance Site you consent to personal jurisdiction and venue in the District of Columbia.  A modification or waiver of a part of these Terms of Use will not constitute a waiver or modification of any other portion of the Terms of Use.  If for any reason any portion of these Terms of Use is found unenforceable, that portion will be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect. 

Questions

If you have any questions or comments concerning our Terms of Use, please contact us.