ALAN LOMAX DATABASE ONLINE TERMS OF SERVICE AGREEMENT Last Updated July 21, 2004 Terms and Conditions of Use. You are using the Alan Lomax Database online service, which is provided by the Association for Cultural Equity (ACE) and the Alan Lomax Archive. As part of our service, ACE agrees to provide you with historical, educational and musical information about the field recordings made by Alan Lomax. We maintain, update, change, alter and delete the information on this service at our sole discretion. We also reserve the right to change or discontinue any other aspect of this service, including without limitation the equipment required for access to or use of this service. You will not use this service for any unlawful purpose, and by using the service you confirm your agreement to comply with all of the terms and conditions set forth by ACE related to your use of this service. Prohibited Actions and Materials. You will not post, copy or transmit illegal or infringing materials from or to this service, including without limitation copyrighted materials for which you do not have the required rights. You shall not post, copy or transmit materials from or to this service which violate any rights of third parties, which are threatening, abusive, defamatory, which invade the privacy or publicity rights of another, or are vulgar, obscene, indecent, profane, bigoted, racially offensive, hateful or otherwise objectionable, which encourage conduct giving rise to a criminal or civil offense or liability, or which, without our approval, contain advertising or any solicitation relating to products or services. You shall be solely liable for any prohibited materials posted or reproduced by you on the service, and you agree to wholly indemnify ACE against any claims or losses as a result of such actions by you. To the extent that you legally post or reproduce materials or information on the service, you grant to ACE, and represent and warrant that ACE shall have a royalty-free, perpetual, worldwide, irrevocable, non-exclusive license to transmit, copy, publish, use, reproduce, modify, adapt, and distribute such materials or information, in whole or in part, and/or to incorporate such materials in other works in any form, media or technology. Notwithstanding the preceding sentence, ACE shall have the right to use all materials and information in this service in accordance with the U.S. Copyright Act and other laws. Protected Materials. This service contains copyrighted materials, trademarks, service marks, logos, and other proprietary information, including without limitation text, software, photos, videos, graphics, music and sound, which are being used by ACE for nonprofit, educational purposes. As between you and ACE, ACE owns or has rights to use all contents of this service and licenses you to view, download and make single copies of these materials for your personal use. You may not make any copies of the contents of this service for any commercial purpose, for sale, lending or lease, and you may not modify, publish, transmit, create derivative works from, or otherwise exploit the content and materials of this service without the express written consent of ACE and/or the owners of the materials. You acknowledge that ACE and/or third parties own the materials, and that you do not gain any ownership rights by downloading copyrighted materials as permitted herein. Privacy. The use of this service to deliver confidential, personal, sensitive or proprietary information may not be secure given the technology used by you and/or ACE. You are responsible for any breach of confidentiality and for publication of personal or proprietary information due to your use of this service. Postings to the service or e-mail to this service may not be private communications, and therefore we encourage you to use caution in sending correspondence or making postings. E-mail, including comments, suggestions and the like, to ACE may be published, exploited or copied by ACE for any uses, and you waive all rights in such e-mail by sending it to ACE. Changed Terms. ACE shall have the right to change or modify these terms of service, or any part thereof, and such changed or modified terms shall be binding upon you and effective upon notice of the change or modification. Materials on this service may contain typographical errors or factual inaccuracies, and ACE may change the information from time to time. This service is now offered to you free of charge. You acknowledge that ACE may, at some point in the future, charge a fee or other amount for your access to or use of this service, but you shall not be responsible for paying any fee until you have received and agreed to anew terms of service agreement. Other Terms. If you access this service through another network or online service, you may be subject to substantially different terms of service. We encourage you to read the terms of service of any other network or online service used by you so that you may understand their impact on you. Non-Transferability of Membership. ACE grants to you a personal, non-exclusive, non-assignable, revocable and non-transferable license to use and display the ACE software ("Software") on any machine(s) of which you are the primary user. Unauthorized copying of the Software, including software that has been modified, merged or included with the Software, or the written materials associated therewith is forbidden. You acknowledge that you may not sublicense, transfer, sell, or assign this license or the Software, and that any attempt to sublicense, transfer, sell or assign this license is void. Limitation of Liability And Warranty. You agree that use of the service is entirely at your own risk. The service, and all information contained therein, is provided "as is," without warranty of any kind, either express or implied. Furthermore, neither ACE nor any third-party content provider makes any warranty with respect to any content, information, services, software, or products provided through or in connection with the service, and ACE makes no warranty and claims no rights in or to any other services or Internet sites which are linked to or from the ACE online service. You specifically acknowledge that ACE or third-party content providers are not liable for the defamatory, offensive, or illegal conduct of any service members or third parties. ACE and third-party content providers to the service do not guarantee or warrant the accuracy or completeness of any information, and are not responsible for any errors or omissions arising from the use of such information; from any failures, delays, or interruptions in the delivery of the service or the information contained therein; or, from any losses or damages arising from the use of the service or information. Neither ACE nor any third-party content provider guarantees that any information or software will be free of viruses or other harmful features. Indemnification. You agree to indemnify, defend and hold harmless ace, its members, affiliates, representatives, agents, employees, successors and assigns and third-party information, software or content providers from and against any and all losses, liabilities, damages, costs and expenses arising out of or made in connection with your use of this site or any claim or dispute that is inconsistent with any representation, warranty or covenant made by you in agreeing to comply with these terms and conditions or any breach or alleged breach by you of said terms and conditions. You agree to reimburse ACE and third-party information, software or content providers on demand in connection with any such liabilities, losses damages, costs and expenses, including but not limited to reasonable attorney's fees and court costs, related to any of the foregoing indemnity obligations. Termination Of Service. ACE may terminate your account or access rights to this service, if any, at any time, without notice, for conduct that ACE believes violates this Agreement or other policies or guidelines that ACE has posted on the service. ACE may terminate your account or access rights to this service for online conduct that ACE believes is harmful to other users, to ACE's business, or to other information or content providers. Choice Of Law. This Agreement shall be construed and controlled by the laws of the State of New York, United States of America. Further, any dispute arising from the terms of this Agreement or a breach of this Agreement will be governed by the laws of the State of New York. You agree to personal jurisdiction by the state and federal courts sitting in the State of New York. Trademarks. This service contains and uses trademarks, service marks and logos of ACE and third parties. Nothing in this Agreement or your use of the service shall be construed as granting you a license or other rights in such trademarks, service marks and logos. Any questions about the use of trademarks should be referred to ACE. Links. You may not enclose pages from the Alan Lomax Database web site within a frame set on your site. The Site may provide links and pointers to Internet sites maintained by others. ACE is not responsible for the availability of any other site to which this Site links. Nor does ACE endorse or take responsibility for the content, advertising, products or other materials made available through any other site. Under no circumstances shall ACE be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.