GoodMusicAllDay Terms Of Service

IMPORTANT – PLEASE READ CAREFULLY PRIOR TO USING THE GOODMUSICALLDAY.

THE FOLLOWING TERMS OF SERVICE (these “Terms”) GOVERN YOUR USE OF THE GOODMUSICALLDAY SITE (www.GoodMusicAllDay.com or the “Site”) AND ALL SERVICES OFFERED BY GOODMUSICALLDAY (the “Services”). THESE TERMS ARE LEGALLY BINDING ON YOU. BY ACCESSING THE SITE, OR AVAILING YOURSELF OF THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD IMMEDIATELY TERMINATE YOUR USE OF THE SITE.

GoodMusicAllDay reserves the right to change these Terms at any time without prior notice, and you agree to be bound by any such changes. Your continued use of the Site and the Services indicates your acceptance of all changes implemented since your last use. The “Last Update On” date at the end of these Terms notifies you of when these Terms were last changed.

  1. Eligibility for Use.

GoodMusicAllDay grants you permission to access to the Site and use the Services provided that you: (1) use the Services solely for your personal, noncommercial use; (2) do not reproduce, publicly display, publicly perform, or distribute any part of the Services, including any materials obtained from the Services, in any manner not authorized by these Terms; and (3) you will otherwise fully comply with these Terms. GoodMusicAllDay makes no representations that the Services is appropriate or legally available for use in locations outside the United States. The Serviced are not intended for or directed to persons who are minors (typically persons under the age of 21, depending on where you live). As we cannot prohibit minors from accessing or viewing the Services, GoodMusicAllDay must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate. GoodMusicAllDay may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity without notice and change eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms or use of the Services is prohibited or to the extent offering of the Services conflicts with any applicable law, rule or regulation. Further, the Services is offered only for your use, and not for the use or benefit of any third party.

  1. Content

Proprietary Rights. The Services and all text, links, information, data, software, scripts, tools, photographs, graphics, interactive features, video and other content provided in connection therewith (collectively, the “Content”) are protected as copyrights, trademarks, service marks, trade secrets or other proprietary rights under the copyright and other intellectual property laws of the United States and other countries, and (as between you and GoodMusicAllDay) GoodMusicAllDay has all rights therein. You must abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services. We make no claims that Content contained on the Services may be lawfully viewed or downloaded. Access to Content on the Services may not be legally accessed or viewed by certain persons or in certain countries. If you access the Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. For the purposes of these Terms of Use, “Content” also includes all User Content (as defined below).

User Content. All Content added, created, uploaded, submitted, streamed, distributed or posted to the Service by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. By posting or submitting Content on or to the Services (regardless of the form or medium with respect to such Content, whether text, videos, photographs, images, audio, profiles, data, comments, reviews or otherwise), you hereby grant GoodMusicAllDay, and its affiliates, agents and third party contractors a worldwide, non-exclusive, royalty-free, fully-paid, sub-licensable and transferable right and license to reproduce, display, perform, or publish such Content on the Services and in any media formats and through any media channels, including, without limitation, third party websites, feeds and on or in our affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such Content, to distribute such Content, and to use, edit, modify and otherwise exploit such Content, including, without limitation, running paid advertising on or adjacent to any such Content and for promoting and redistributing part or all of the Application, Site or the Services (and derivative works thereof). You also hereby do and shall grant each user of Site and/or the Service (or any application otherwise permitting access) a non-exclusive license to access your User Content through Site and/or the Service (or any application otherwise permitting access), and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. For clarity, the foregoing license grants to GoodMusicAllDay and its users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

Availability of Content. GoodMusicAllDay does not guarantee that any Content will be made available through the Services. Further, we have no obligation to monitor the Services. However, we reserve the right to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) remove or block any Content from the Services. GoodMusicAllDay Campus has sole and complete discretion over the programming of Content through the Services. We may display on the Site and through the Services (including through any applications, widgets or syndication units that you may use on other sites) paid Content, including without limitation paid advertisements sold by GoodMusicAllDay or third parties.

  1. Third Party Services.

Third Party Account Information. As part of the Services, GoodMusicAllDay may ask you to link your third party accounts (such as Facebook, Google+ and Twitter) (“Third Party Accounts”) to the Services. By signing into the Services through any Third Party Account, you permit us to access and aggregate certain information from your profiles on such sites for use by the Services. Still, you ultimately control how much information is accessible to GoodMusicAllDay pursuant to your privacy settings on those sites. When you use the Services, you are authorizing GoodMusicAllDay to collect, store, and use, in accordance with its Privacy Policy, any information that you permit the third party service (“Third Party Service”) to provide to us and to access tokens made available by those Third Party Services.

Third Party Services. As noted above, the Services may contain links to or from Third Party Services that are not owned or controlled by GoodMusicAllDay. When you access Third Party Services, you do so at your own risk. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services and that you will act in accordance with those policies, in addition to your obligations under these Terms. GoodMusicAllDay has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of any Third Party Services. In addition, GoodMusicAllDay will not and cannot monitor, verify, censor or edit the content of any Third Party Service. Any information contained in the content or data from a Third Party Service may be inaccurate or misleading and should not be relied upon. This content and data may become temporarily or permanently unavailable and/or may be subject to change without notice. By using the Service, you expressly release and hold GoodMusicAllDay harmless from any and all liability arising from your use of any Third Party Service.

  1. Code of Conduct.

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Services. You shall abide by all applicable local, state, national and international laws and regulations.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, including without limitation any User Content, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
  • you know is false, misleading, untruthful or inaccurate
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion
  • constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”)
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  • impersonates any person or entity, including any of our employees or representatives
  • includes anyone’s identification documents or sensitive financial information.

You shall not (directly or indirectly):

  • take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure
  • interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Service
  • bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services)
  • decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction
  • modify, translate, or otherwise create derivative works of any part of the Services
  • run any form of auto-responder or “spam” on the Services
  • use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site
  • harvest or scrape any Content from the Services
  • copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder
  • otherwise take any action in violation of our guidelines and policies

You further understand and acknowledge that you may be exposed to Content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and, by accessing the Services, you automatically waive, any legal or equitable rights or remedies you have or may have against us with respect to such Content.

GoodMusicAllDay also reserves the right to access, read, preserve, and disclose any information as GoodMusicAllDay reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of GoodMusicAllDay, its users and the public.

  1. Copyright Dispute Policy; Digital Millennium Copyright Act.

If you are a copyright owner or an agent thereof, and you believe any content submitted to and hosted on the Site infringes your copyrights, then you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Company’s designated copyright agent with the information in writing pursuant to the procedures set forth below.

If you believe that material or Content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service; (iv) the address, telephone number, and/or electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has 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; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Company will respond to notices of alleged infringement that comply with the DMCA. Company’s designated copyright agent to receive notifications and counter-notifications of claimed infringement can be reached at: hello@goodmusicallday.com.

THIS CONTACT INFORMATION IS ONLY FOR REPORTING ALLEGED COPYRIGHT INFRINGEMENTS. CONTACT INFORMATION FOR OTHER MATTERS IS PROVIDED ELSEWHERE IN THESE TERMS AND ON THE SITE.

Once Proper Infringement Notification is Received by the Designated Agent: It is GoodMusicAllDay’s policy: (i) to remove or disable access to the infringing material; (ii) to notify the Content provider, member or user that we have removed or disabled access to the material; and (iii) that repeat offenders will have the infringing material removed from the system and that we will terminate such Content provider’s, member’s or user’s access to the Services.

  1. Disclaimers/Limitations.

GoodMusicAllDay has no special relationship with or fiduciary duty to you. You acknowledge that GoodMusicAllDay has no control over, and no duty to take any action regarding:

  • which users gain access to the Services;
  • what Content you access via the Services;
  • what effects the Content may have on you;
  • how you may interpret or use the Content; or
  • what actions you may take as a result of having been exposed to the Content.

You release GoodMusicAllDay from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated and that GoodMusicAllDay will not be liable for any errors or omissions in any Content. GoodMusicAllDay makes no representations concerning any Content contained in or accessed through the Services, and GoodMusicAllDay will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

THE SERVICES, CONTENT, ALL RELATED APPLICATIONS AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES. VC DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO THE SERVICES OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICES. VC DOES NOT MAKE ANY REPRESENTATIONS, NOR DOES VC ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICES OR AVAILABLE THOUGH LINKS IN THE SERVICES. VC RESERVES THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICES. ALTHOUGH VC INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, VC DOES NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. VC IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICES AND ANY MATERIALS AVAILABLE THROUGH THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.

THE SERVICES MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT IN THE SERVICE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.

  1. Limitation of Liability.

IN NO EVENT SHALL GOODMUSICALLDAY, ITS AFFILIATED ENTITIES OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, REPRESENTATIVES, SUCCESSORS OR ASSIGNS BE LIABLE WITH RESPECT TO THE SITE OR THE SERVICES OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND VC’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

The limitations of liability set forth above are fundamental elements of the basis of the bargain between GoodMusicAllDay and you. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion of limitation of liability for consequential or incidental damages, so the above disclaimers and limitations may not apply to you. GoodMusicAllDay is controlled and operated from its facilities in the United States. GoodMusicAllDay makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use GoodMusicAllDay, the Site or the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

You will indemnify and hold GoodMusicAllDay, its affiliated entities and all of its and their respective officers, directors, employees, managers, members, agents, attorneys, representatives, successors and assigns harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these Terms, or the infringement by you of any intellectual property or other right of any person or entity.

  1. Privacy Policy.

Any personally identifiable information you provide through the Site or the Services is subject to GoodMusicAllDay’s Privacy Policy [insert link to policy] which governs GoodMusicAllDay’s collection and use of such information. You agree that through your use of the Site you consent to the collection and use (as set forth in the Privacy Policy) of this information. While GoodMusicAllDay works to protect the security of your information, GoodMusicAllDay cannot guarantee that unauthorized third parties will not be able to defeat GoodMusicAllDay’s security measures. You acknowledge that you provide your information at your own risk. Notwithstanding GoodMusicAllDay’s Privacy Policy, you acknowledge and agree that in the event GoodMusicAllDay receives a subpoena issued by a court or from a law enforcement or government agency, GoodMusicAllDay shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

  1. Termination.

This Agreement shall remain in full force and effect while you use the Service. You may terminate your use of the Service at any time. We may terminate or suspend your access to the Service at any time, for any reason, and without warning. We may also terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach any of the terms or conditions of these Terms of Use. Upon termination, your right to use the Service, and access the Site and any Content will immediately cease. All provisions of these Terms of Use which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

  1. Other.

Disputes. These Terms shall be governed by the laws of the United States and the Commonwealth of Massachusetts applicable to agreements made and to be performed therein without regard to conflict of laws principles. You agree that any claim or dispute you may have against GoodMusicAllDay must be resolved exclusively by a state or federal court located in Suffolk County (Boston), Massachusetts. You agree to submit to the personal jurisdiction of the courts located within Suffolk County (Boston), Massachusetts for the purpose of litigating all such claims or disputes. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous: These Terms and GoodMusicAllDay Privacy Policy, each as modified from time to time, constitute the entire agreement between you and GoodMusicAllDay with respect to the subject matter hereof and supersede replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The caption to each section of these Terms is for convenience of reference only and shall be ignored in the construction or interpretation hereof. No waiver of by GoodMusicAllDay of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of GoodMusicAllDay to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable, or sub-licensable by you except with GoodMusicAllDay’s prior written consent. GoodMusicAllDay may assign this Agreement in whole or in part at any time without your consent. You agree that, except as otherwise expressly provided in these Terms of Use there shall be no third party beneficiaries. .Any notice to GoodMusicAllDay that is required or permitted by these Terms shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms of Use.

Parental Controls: Pursuant to 47 U.S.C. Section 230(d) as amended, GoodMusicAllDay hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following web services: GetNetWise and OnGuard Online. GoodMusicAllDay does not endorse any of the products or services listed at such Services.

Information or Complaints: Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding GoodMusicAllDay, please email us at hello@goodmusicallday.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

GoodMusicAllDay is a property of Verge Campus Media, LLC

Last Updated On: October 12, 2015