These Terms may be amended by Playing For Change Foundation from time to time at its sole discretion. Upon amendment, we will post a notice on our homepage. Please periodically review the controlling version of these Terms. By continuing to use the Website subsequent to Playing For Change Foundation making available an amended version of these Terms, you thereby acknowledge, agree and consent to such amendment.
You consent to entering these terms electronically, and to storage of records related to these terms in electronic form. When using the Website, you shall be subject to any posted rules or policies. Such rules and policies are hereby incorporated by reference into these Terms. We may also offer other Websites that are governed by different terms.
You represent that you are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also represent that, if you are under the age of 13, you will not submit personal information to us or create "events" through the Website or Post any User Content.
The Playing For Change Foundation is a non-profit organization dedicated to creating positive social change through music education. We are driven by the belief that peace and change are possible through the universal language of music. By providing children a safe place to learn, flourish and express themselves, PFCF programs provide a creative alternative to the struggles many children face daily.
To date, eight music schools and programs have been created in countries including South Africa, Ghana, Mali, Rwanda, and Nepal. Each offers students the mentorship and guidance they need to grow and thrive through interactions with other students, schools, teachers, and musical cultures. The 2nd annual Playing For Change Day is a unique opportunity to advance our mission by fostering even greater connections as we come together to Play for Change.
The 3rd annual PLAYING FOR CHANGE DAY - on 21 September 2013 - is a global day of action where musicians of all varieties perform on stages, cafés, city squares, and street corners worldwide and raise money to bring music into the lives of young people.
Playing For Change Day is a creative day of action that uses the universal power of music to create positive social change. Your donation or participation contributes to a positive vibration that connects and inspires us all.
You may browse the Website without registering. However, in order to access some portions and features of the Website, you must utilize a username and password generated through a third party service. If you do so, you are responsible for maintaining the confidentiality of the password and username, and are fully responsible for all activities that occur under your password or username. Please immediately notify us of any unauthorized use of your password or username or any other breach of security by contacting us at firstname.lastname@example.org. Content Submitted by Users
You understand that all User Content is the sole responsibility of the person from whom such content originated. We do not control User Content and we do not make any guarantee whatsoever related to User Content. Although we sometimes review User Content, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to User Content. You grant us a royalty-free, irrevocable, transferrable, sublicensable and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit (including without limitation by reproduction, distribution, public display, adaptation, communication to the public, and/or public performance) any and all User Content that you Post to or through the Website. You also waive all claims against us related to moral rights in User Content.
If any of the User Content that you Post to or through the Website contains ideas, suggestions, documents, and/or proposals to Playing For Change Foundation, we will have no obligation of confidentiality, express or implied, with respect to such User Content, and Playing For Change Foundation shall be entitled to use, exploit or disclose (or choose not to use or disclose) such User Content at its sole discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from Playing For Change Foundation under any circumstances).
Playing For Change Foundation has adopted the following policy, in compliance with the Digital Millennium Copyright Act ("DMCA"), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of the repeat infringers' access to the Website.
If you have a good faith belief that your copyright is being infringed by any material on the website, please send a notice of claimed infringement, including the information listed below, to Playing For Change Foundation's Designated Copyright Agent:
Designated Agent: Whitney Kroenke
Address: 3110 Main Street - The Annex, Santa Monica, CA 90405
To ensure compliance with DMCA guidelines, the notice of claimed infringement must conform to the following requirements:
Please note that information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Counter-Notice Policy
Playing For Change Foundation has also instituted a counter-notice policy designed to enable, at our sole discretion, the prompt replacement of material that is removed in response to a notice of claimed Infringement as a result of a mistake or misidentification. Please make sure that any Counter-Notification you send to our Copyright Agent, identified above, includes all of the following information:
After we receive your counter-notice, we will forward it to the party who submitted the original notice of claimed infringement. Please note that when we forward the Counter-Notice, it includes your personal information. By submitting a counter-notice, you consent to having your information revealed in this way.
After Playing For Change Foundation sends out the counter-notice, the claimant must then notify us within ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Website. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material, at our discretion.
If you believe that your rights, or the rights of a third party, are being violated in any way by any material on the Website, please contact us at: email@example.com. We will work to prevent unlawful activity from taking place on or through the Website.
Playing For Change Foundation and its associated logos are our trademarks and/or service marks. Other trademarks, service marks, and logos used on or through the Website are the trademarks, service marks or logos of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, service marks or logos.
Certain materials available on or through the Website are our Works. Our Works may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our content and the Website. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to reproduce our Works solely for your personal use in connection with using the Website. This license is conditioned on your compliance with these Terms, and shall terminate upon termination of these Terms.
You will not use the Website to:
Playing For Change Foundation shall not be responsible or liable to you for any loss or damage of any sort incurred as the result of the following:
You will indemnify and hold Playing For Change Foundation harmless from any claim or demand, including but not limited to reasonable attorneys' fees and costs, made by any third party relating in any way to your use of the Website or these Terms. You will cooperate as fully as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without our written consent.
WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR WEBSITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA OR INFORMATION; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THE WEBSITE.
IN SOME JURISDICTIONS, CERTAIN LIMITATIONS OF LIABILITY AND DISCLAIMERS RELATED TO WARRANTIES CONTAINED HEREIN MAY NOT APPLY TO YOU.
If you have a dispute with one or more users of the Website, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law or principle provides in substance something similar to California Civil Code � 1542.
These Terms and the relationship between you and us shall be governed by the laws of the State of California as an agreement wholly performed therein without regard to its conflict of law provisions.
Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. Any claim by you that may arise in connection with these Terms will be compensable by monetary damages and you will in no event be entitled to injunctive or other equitable relief.
These Terms constitute the entire agreement between you and us, and govern your use of the Website. These Terms supersede any prior agreements between you and us with respect to the Website. You also may be subject to additional terms and conditions that may apply when you use other Playing For Change Foundation websites or third-party Websites.
These Terms are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to this agreement.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms must be in writing.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
The headings in these Terms are for convenience only and have no legal or contractual effect.
Either party may terminate these Terms for any or no reason at any time by notifying the other party. However, if you access the Website after terminating these Terms, you will acknowledge, agree and consent to the version of these Terms controlling at that time. Upon termination by either party, the following paragraphs will survive: (1) OUR INTELLECTUAL PROPERTY; (2) CONTENT SUBMITTED BY USERS; (3) OUR CONDUCT; (4) INDEMNIFICATION; (5) DISCLAIMERS; (6) LIMITATION OF LIABILITY; (7) RELEASE; (8) GOVERNING LAW and (9) MISCELLANEOUS.