Terms of Use

This terms of use agreement (the “Agreement”) governs your use of the collection of Web pages and other digital content (the “Collections”) available through the Free Music Land (“FML”). When accessing an archived page, you will be presented with the terms of use agreement. If you do not agree to these terms, please do not use FML’s Collections or its Web site (the “Site”).

FML, at its sole discretion, may provide you with a password to access certain Collections, provided that you complete any required application process and provide accurate information in your application. You may use your password only to access the Collections in ways consistent with this Agreement — no other access to or use of the Site, the Collections, or FML’s services is authorized. You agree not to interfere with the work of other users or FML personnel, servers, or resources. Further, you agree not to recirculate your password to other people or organizations. Please report any unauthorized use of your password promptly to [email protected]. You acknowledge that you have read and understood FML’s Privacy Policy and agree that FML may collect, use, and distribute information pursuant to that policy. If you provide any content to FML, you grant FML a nonexclusive, royalty-free right to use that content.

Some of the content available through FML may be governed by local, national, and/or international laws and regulations, and your use of such content is solely at your own risk. You agree to abide by all applicable laws and regulations, including intellectual property laws, in connection with your use of FML. In particular, you certify that your use of any part of FML’s Collections will be limited to noninfringing or fair use under copyright law. If a Creative Commons or other license has been declared for particular material on FML, to the extent you trust the declaration and declarer (which is rarely the FML), you may use the content according to the terms and conditions of the applicable license. In using FML’s site, Collections, and/or services, you further agree (a) not to violate anyone’s rights of privacy, (b) not to act in any way that might give rise to civil or criminal liability, (c) not to use or attempt to use another person’s password, (d) not to collect or store personal data about anyone, (e) not to infringe any copyright, trademark, patent, or other proprietary rights of any person, (f) not to transmit or facilitate the transmission of unsolicited email (“spam”), (g) not to harass, threaten, or otherwise annoy anyone, and (h) not to act in any way that might be harmful to minors, including, without limitation, transmitting or facilitating the transmission of child pornography, which is prohibited by federal law and may be reported to the authorities should it be discovered by FML.

You agree that we may contact you from time to time with surveys or other questions regarding your opinions about and uses of FML, as well as with information we believe may be of interest to you. We encourage you to respond to these surveys because we value your input, which will assist us in improving FML. In addition, we request that, according to standard academic practice, if you use FML’s Collections for any research that results in an article, a book, or other publication, you list FML as a resource in your bibliography.

FML may immediately terminate this Agreement at its sole discretion at any time upon written notice (including via email) to you. Upon termination, you agree that FML may immediately deactivate any password it has issued to you and bar you from accessing the Collections or the Site.

FML may modify this Agreement from time to time, and your continued use of the Collections and/or the Site constitutes your acceptance of any and all modifications. FML will attempt to notify you of substantial modifications via the email address that you have registered with us, if any.

Because the content of the Collections comes from around the world and from many different sectors, the Collections may contain information that might be deemed offensive, disturbing, pornographic, racist, sexist, bizarre, misleading, fraudulent, or otherwise objectionable. FML does not endorse or sponsor any content in the Collections, nor does it guarantee or warrant that the content available in the Collections is accurate, complete, noninfringing, or legally accessible in your jurisdiction, and you agree that you are solely responsible for abiding by all laws and regulations that may be applicable to the viewing of the content. In addition, the Collections are provided to you on an as-is and as-available basis. You agree that your use of the Site and the Collections is at your sole risk. You understand and agree that FML makes no warranty or representation regarding the accuracy, currency, completeness, reliability, or usefulness of the content in the Collections, that the Site or the Collections will meet your requirements, that access to the Collections will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. We make no warranty of any kind, either express or implied.

You agree to indemnify and hold harmless Free Music Land and its parents, subsidiaries, affiliates, agents, officers, directors, and employees from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys’ fees) arising from your use of FML’s services, the site, or the Collections. You agree that this Agreement is governed by California law and that any suit arising from this Agreement will be brought in San Francisco, California, and you further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to the California Code of Civil Procedure, §§1280 et seq. In addition, you agree that should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.

Under no circumstances, including, without limitation, negligence, shall FML or its parents, affiliates, officers, employees, or agents be responsible for any indirect, incidental, special, or consequential damages arising from or in connection with the use of or the inability to use the Site or the Collections, or any content contained on the Site or in the Collections, or resulting from unauthorized access to the Collections or your transmissions of data, including, without limitation, damages for loss of profits, use, data, or other intangibles, even if FML has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.

This Agreement, the Privacy Policy, and other policies posted on the Site constitute the full and complete agreement between you and FML and are not intended to inure to third-party beneficiaries.

We welcome your input. Please contact us with any comments or questions at [email protected].

Copyright Policy

Free Music Land respects the intellectual property rights and other proprietary rights of others. Free Music Land may, in appropriate circumstances and at its discretion, remove certain content or disable access to content that appears to infringe the copyright or other intellectual property rights of others. If you believe that your copyright has been violated by material available through the FML, please provide Free Music Land with the following information:

  • Identification of the copyrighted work that you claim has been infringed;
  • An exact description of where the material about which you complain is located within the Free Music Land collections;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the copyright interest involved or are authorized to act on behalf of that owner; and your electronic or physical signature.

For More Information
If you have any questions or comments regarding these terms and policies or the Archive’s data collection practices, please contact FML at [email protected].

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