1. Grant of License and Restrictions
You are granted a personal, limited, non-transferable, non-exclusive license to access the PJ Library Radio Platforms and use, for non-commercial purposes only, the Service and PJ Library Radio Platforms, provided that you do not, and do not allow any third party to:
A. Modify, copy, reproduce, broadcast, republish, sell, resell, exploit, reverse engineer (except to the extent permitted by law), disassemble, create derivative works or distribute in any way any portion of the PJ Library Radio Platforms or any materials provided in the Service, including, but not limited to design and materials including all text, audio and audio-visual materials (including music and music videos), artwork, graphics, code and/or software and all other copyrightable elements (collectively, the “Content”).
B. Disrupt or assist in the disruption of any Service server, PJ Library Platforms or any other user’s Service experience.
C. Use any meta tags or any other “hidden text” utilizing HGF’s name or Marks (as described below).
D. Intimidate or harass other users of the Service or PJ Library Platforms.
E. Collect any information about other users of the Service or PJ Library Platforms; create or transmit unwanted electronic communications to other users of the Service or PJ Library Platforms; or otherwise interfere with such users’ enjoyment of the Service or PJ Library Platforms.
F. Use the Service or PJ Library Platforms to send junk mail, spam, chain letters, or pyramid schemes.
G. Upload, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Service, PJ Library Platforms or any computer software or hardware or telecommunications equipment.
HGF reserves the right to add, modify, or delete any information on the PJ Library Radio Platforms and in the Service at any time. HGF makes no representation or warranty as to the completeness or accuracy of the information contained on the PJ Library Radio Platforms and/or Service, nor does it represent or warrant that the PJ Library Radio Platforms and/or Service will be available at all times. The information contained on the PJ Library Radio Platforms and in the Service may be incomplete, may contain errors, or become out of date at any time. HGF makes no commitment and expressly disclaims any duty to update or maintain any of the content on the PJ Library Radio Platforms or in the Service.
2. Submitted Content
You may be provided with the opportunity to submit music, videos, photographs, content, materials and other information relating to the foregoing (collectively, “Submitted Content”) to HGF through the Service or PJ Library Radio Platforms for possible inclusion on the PJ Library Radio Platforms and Service; for the avoidance of doubt, the decision whether to include any Submitted Content on the PJ Library Platforms shall be made by HGF, in HGF’s sole and absolute discretion. You expressly acknowledge and agree that HGF is under no obligation whatsoever to include or otherwise utilize any Submitted Content on the PJ Library Radio Platforms, the Service or in any other manner.
By submitting Submitted Content to HGF, you represent and warrant that: (A) you own all right, title and interest in and to the Submitted Content; and (B) you have the right and authority to submit the Submitted Content to HGF; and (C) you have all rights necessary to grant the rights and licenses relating to the Submitted Content as set forth herein; and (D) the Submitted Content does not infringe any copyright, trademark, trade secret, patent, or any other proprietary right of any person or entity; and (E) the Submitted Content does not contain any viruses, Trojan horses, worms, corrupted files, or any other similar software or program; and (F) the Submitted Content does not contain any content that is offensive, unlawful, harassing, defamatory, vulgar, obscene, hateful, threatening, sexually explicit, or otherwise objectionable.
All right, title, and interest in and to your Submitted Content, shall be owned by you, and you hereby irrevocably grant to HGF a sub-licensable, free, unlimited, worldwide, non-exclusive, and perpetual license to use, modify, promote, copy, distribute, publicly perform, broadcast, stream and display your Submitted Content in connection with the Service and on the PJ Library Radio Platforms.
HGF has no obligation to monitor any Submitted Content, but reserves the right to review any Submitted Content, and to remove any Submitted Content at any time, without notice, and for any reason and in its sole discretion, even if such Submitted Content has been previously included on the PJ Library Radio Platforms or Service. Submitted Content reflects only the view of its author(s) and HGF specifically disclaims any liability with regard to Submitted Content.
3. Intellectual Property
A. All right, title and interest, including without limitation all copyright and other intellectual property rights, in and to the Service, the PJ Library Radio Platforms, and the Content are owned by HGF, or its licensors or other respective owners. All rights reserved.
B. PJ LIBRARY, PJ LIBRARY RADIO, PJ OUR WAY and certain related names and logos (collectively, the “Marks”) are registered and/or unregistered trademarks, service marks and/or trade names of HGF.
C. If you are a copyright owner or an agent thereof and believe that any content or other material on the Service or PJ Library Platforms infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent, at the address below, with the following information in writing (see 17 U.S.C. §512(c) for further detail):
i. A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
iii. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Service or PJ Library Radio Platforms, e.g., a web address(es) (URL(s)) that will directly lead to the material;
iv. Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
v. A statement that the owner or agent 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 you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Harold Grinspoon Foundation
67 Hunt Street, Suite 100
Agawam, MA 01001
Attention: Alex Zablotsky
Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue.
4. Consent to Monitor
THE PJ LIBRARY RADIO PLATFORMS AND SERVICE ARE PROVIDED BY HGF ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HGF DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, HGF MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE PJ LIBRARY RADIO PLATFORMS AND/OR SERVICE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE PJ LIBRARY RADIO PLATFORMS AND/OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR PRODUCTS PROVIDED THROUGH THE PJ LIBRARY RADIO PLATFORMS AND/OR SERVICE; OR (IV) THAT THE PJ LIBRARY RADIO PLATFORMS AND/OR SERVICE, MATERIALS DOWNLOADED FROM THE PJ LIBRARY RADIO PLATFORMS AND/OR SERVICE, HGF SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF HGF, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
6. Limitation of Liability
IN NO EVENT SHALL HGF BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF HGF HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND CONTENTS AVAILABLE FROM THE PJ LIBRARY RADIO PLATFORMS AND/OR SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Embedding the Player
You may submit a request to embed the Player on your own website, which request will be reviewed and considered by HGF. In the event HGF determines, in its sole discretion, that your website is suitable for the Player, you will be directed to a page that sets forth the available options for embedding the Player on your website. Your use of the Player will be subject to the terms and conditions of HGF’s standard license for such use.
The PJ Library Radio Platforms and/or Service may contain information or content relating to events, venues, and other activities (collectively, “Events”). You acknowledge and agree that HGF makes no representation or warranty of whatsoever kind with respect to such Events or any information or materials relating to such Events. Under no circumstances shall HGF be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of, participation in or reliance on said Events or materials or information relating to such Events.
10. External Sites
11. Electronic Communications
When you visit or utilize the PJ Library Radio Platforms, use the Service, or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We will communicate with you by e-mail or by posting notices on the PJ Library Radio Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
12. Equitable Remedies
14. Waiver; Binding Agreement
15. Governing Law/Jurisdiction
17. Contacting Us
Date Last Modified: October 20, 2017