LAST MODIFIED: 10/17/2019
Welcome to Play It Forward, a service provided by Play It Forward Music, Inc., a New York, Nonprofit, 501(c)(3) charitable entity (“Play It Forward,” “Company,” “We,” “US,” or “Our”).
Eligibility. You may use the Service only if you can form a binding contract with Company, and only in compliance with this Agreement and all applicable local, state, national, and foreign laws, rules and regulations. If you are under the age of 18, but at least 13 years of age, you may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. The parent or legal guardian will be solely responsible for the minor’s use, including, without limitation, any purchases the minor children make through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. You may not use the Service if you have previously been removed or banned from the Service by Play It Forward. Access to the Site and Services from territories where the site and/or services are illegal is strictly prohibited.
Account. An artist looking to raise money for charity, (“Artist”) by using the Service, must register for an account on the Site (an “Account”). When you create an Account on the Site, you must provide your email address; choose an Artist name and password; and upload a representative picture. Artists must provide accurate and complete information and keep their Account information updated. Artists shall not: (i) use, as a username, a name of another person with the intent to impersonate that person; (ii) use, as a username, a name subject to any rights of a person other than the Artist without appropriate authorization; (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene; or (iv) use, as a representative picture, a picture of another person with the intent to impersonate that person. Artists are solely responsible for the activity that occurs on their Account, and for keeping their account password secure. Artists may never use another person’s user account or registration information for the Service without permission. Artists must notify us immediately of any breach of security or unauthorized use of their Account. Artists should never publish, distribute or post login information for their Account.
Restrictions. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the Company servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Play It Forward grants the operators of public search engines revocable permission to use spiders to copy materials from Play It Forward for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose in our sole judgment an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other harmful or malicious software agents through the Service, which or might overburden, impair or disrupt the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Your Information. The Service is only for sales of downloadable Content uploaded by Artists (“Products”) to end user customers for their personal, non-commercial use. By purchasing a Product on the Service, you give Play It Forward the right to share your name and donation amount with the Artist who uploaded the Product that you purchased. Play It Forward will e-mail this information to the Artist immediately after your purchase to inform them of all activity associated with their Product. Play It Forward may terminate your access to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Play It Forward may, whether itself or through third party providers, store and use the Registration Data you provide (such as credit card information) in connection with the Services.
Objectionable Material. You understand that by using the Service and Products, you may encounter content that may be deemed mature, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or adult themes. You agree to use the Service at your sole risk and that Play It Forward shall have no liability to you for content that may be found to be mature, offensive, indecent, or objectionable.
Product Requirements. Use of the Service and/or Products requires a compatible computer and/or mobile phone, Internet access (fees may apply), because use of the Service and/or Products involves hardware, software, and Internet access, your ability to use the Service and/or Products may be affected by these factors. You are responsible for being aware of any particular system requirements of any Product and for your ability to meet such requirements, which may change from time to time. Physical copies of Products are not available.
Removal of Content or Features. Notwithstanding any other provision of these Terms, Play It Forward and its licensors reserve the right, without liability to you, to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of or sold through the Service at any time without notice. You acknowledge that some aspects of the Service, Products, and administering of our usage rules entails the ongoing involvement of Play It Forward. Accordingly, in the event that Play It Forward changes any part of the Service or discontinues the Service, which Play It Forward may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that Play It Forward shall have no liability to you in such case. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
Grant of License. By uploading Content to the Site, the Artist grants Play It Forward a limited, worldwide, non-exclusive, non-assignable, non-sublicensable, royalty-free, fully paid up license to the Content. Play It Forward shall have the non-exclusive right, without obligation, to produce, distribute, exploit, publish, publicly perform, and sell the Content. Notwithstanding the forgoing, the aforementioned non-exclusive rights shall not extend to (i) the synchronization of the Content in connection with motion pictures, television programs, videos and commercials; and (ii) the distribution and sale of the Content physically through normal retail channels. For the avoidance of doubt, after termination of license all rights and interests in the Content shall return to the Artist.
Artist Likeness. Artist further grants to Play It Forward the right to use Artist’s name, image, and biographical information (“Name and Likeness”) as it relates to the Content.
Representations and Warranties by the Artist. Artist hereby represent and warrant to Play It Forward that:(i) Content uploaded to the Site, and each and every part thereof, is an original work by the Artist, or the Artist has obtained all rights, licenses, consents, and permissions necessary in order to use, and (if where relevant) to authorize Play It Forward to use, the Content pursuant to these Terms of Service; (ii) the Content and the sell of the Content through the Service does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information; (iii) Artist have obtained any and all necessary consents, permissions, and/or releases from any and all persons appearing in the Content in order to include their name, voice, performance, or likeness in the Content and to upload the same on the Site; and (iv) Artist is not under any disability, restriction or prohibition, whether contractual or otherwise with respect to his or her authority to grant the rights to Play It Forward pursuant to this Agreement. Play It Forward reserves the right to remove Your Content, suspend or terminate your access to the Service and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law. Upon creation of your Artist account, and submission of any project, you acknowledge and agree that Play it Forward may post and share any copy from your Artist page and Project page, as well as visuals and/or videos uploaded with Project submission(s) to promote the Project and charity on our social media page(s), including but not limited to Facebook, Instagram and Twitter. Therefore, granting Play it Forward a royalty-free license to use your user name, social media handle, visuals, videos, or other content connected to submission to identify you as the source of any of your Project content.
Price. The Artist chooses the price for each Product they upload to the Site. The total price will include the price of the Product plus any applicable taxes in effect at the time of purchase, and based on country data you provide on your download page. Play It Forward and the Artists using the Service reserve the right to change prices and availability of Products at any time. Further, you, the purchaser are permitted to donate over the set price of a Product. The money donated in excess of the minimum set price is tax-deductible.
Orders. Our receipt and capture of payment for Product purchased signify our acceptance of your order. After payment is capture, you will be redirected to a confirmation page and receive access to your Product to download. Play It Forward reserves the right at any time before capture of payment to accept or decline your order for any reason. We may require additional verification or information before accepting any order.
Payment for Products. The Service uses payment providers as may be indicated on the purchase page. You agree to pay for all Products you purchase through the Service, and that Play It Forward may charge your chosen payment method for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. All fees will be billed to the payment method you designate during the checkout process. Billing to your selected payment method occurs at the time of purchase. If you use the services of an alternate payment method provider, such as PayPal, you will be bound by that party's terms and conditions, which are available on that party's website. Play It Forward reserves the right to change the payment methods offered at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Charitable Donations. Play It Forward will remit all funds derive from Play It Forward’s sale of Product to the charity designated by the Artist, less any applicable sales taxes, purchaser refunds, and processing fees. There are no minimum or maximum amounts which Play It Forward will remit to a particular charity. The designated charity must be an entity exempt from taxation under Section 501( c) (3) of the Internal Revenue Code at the time of disbursement of funds. In the event Play It Forward finds designated charity does not have or no longer have 501(c)(3) status, we will notify Artist who uploaded the sold Product for an alternative charity choice that fulfils that requirement.
"100% of proceeds" from project fundraisers refers to the total amount donated via the fundraiser's project page minus the Stripe (credit and debit card) fees. As of (today's date), the Stripe fees are as follows: 2.2% + $0.30 for most major credit card transactions, 3.5% for American Express transactions, and 0.8% capped at $5 for ACH direct debits. Stripe fees are subject to change without prior notice.
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Site, including notices of cancellation, policies, contracts, and application. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or Play It Forward.
Delivery of Products. After payment is processed, your purchased Product will become accessible to you through a link on the confirmation page. An additional copy of the Product will be sent to the email address provided during the purchasing process. This copy will be accessible for 72 hours, after which the link in the email will be remotely disabled. Once a Product is purchased and you receive the Product, it is your responsibility to keep the Product from being misplaced, damaged or destroyed, and Play It Forward shall be without liability to you in the event of any loss, damage or destruction. Play It Forward encourages all its users to appropriately back up the Product files and any other elements associated with the Products.
Refund Policy. Certain restrictions apply to sales of Products sold through the Service that might not otherwise apply to physical goods. Refunds will not necessarily be issued due to your dissatisfaction with the Product or if your computer does not meet the minimum Product requirements. On occasion, technical problems may delay, interrupt or prevent the download or activation of your Product. Your exclusive and sole remedy with respect to any Product that is not downloadable within a reasonable period is a refund of the purchase price paid for such Product, as determined by Play It Forward in its sole discretion. Play It Forward shall have no liability for issues encountered with downloading, activating or using Products due to factors beyond its control, including your computer's performance and the speed of your internet connection.
If you feel you qualify for a refund, please contact Play It Forward at email@example.com and specify “refund” in the subject line. Refunds will be issued solely at Play It Forward's discretion. All requests for refunds must be made timely. Two months after a purchase, it is no longer possible for us to issue refunds on payment processors like PayPal. So please contact as soon as possible.
Termination by Play It Forward. If you fail, or Play It Forward, in its sole and absolute discretion, determines or suspects that you have failed, to comply with any of these Terms, including but not limited to failure to make payment of fees due, failure to provide Play It Forward with a valid payment method, or violation of our usage rules or any license to the content. Play It Forward, at its sole discretion, without notice to you may: (i) terminate these Terms, and you will remain liable for all amounts due up to and including the date of termination; (ii) terminate the license to the content; and/or (iii) preclude access to the Service (or any part thereof). No such termination by Play It Forward shall limit any other rights Play It Forward may have in law or at equity.
Termination by You. You may terminate these Terms by discontinuing all use of the Service. Artist with an account on the Site must deactivate their Account. The Artist’s actions of deactivating their account will make the content they uploaded to the Site inaccessible and invisible. Deactivation will not, however, delete their data permanently from our servers. Play It Forward reserves the right to collect fees, surcharges or costs incurred prior to such termination. You will also remain liable for any charges incurred to your payment providers prior to such termination. You understand and agree that any termination by you or Play It Forward may result in the permanent inability to download any Products, and you will forfeit any right to any Products not already in your possession. Artists, additionally, also understand and agree that any termination by them or Play It Forward may result in their permanent inability to access their Account.
Survival of Terms. Notwithstanding any termination or expiration of these Terms, the terms of Sections (i) Electronic Signatures and Contracts; (ii) No Ongoing Obligations; (iii) Term and Termination; (iv) Disclaimer of Warranties; Liability Limitations; Indemnity; (v) Other Legal Terms; and (vi) Use of Our Service will survive, along with any other terms which by their nature are intended to survive.
Copyright Infringement Notice. If you believe content uploaded to this Site infringe your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act 17 U.S.C. § 512(c) by providing our Designated Copyright Agent with the following information in writing:
Designated Copyright Agent Contact Information. Play It Forward’s Designated Agent for notices of copyright infringement can be contact via mail at:
8 Longview Road
South Salem, NY 10590
Counter Notification. If you receive notification from Play It Forward that material made available by you on or through the Site has been the subject of a Notification of Copyright Infringement, then you have the right to provide a “Counter Notification” to prevent content from being removed from the Site. To be effective, you must provide the Designated Copyright Agent, listed above, with the following information in writing:
Disclaimer of Warranties. PLAY IT FORWARD DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE AND INFORMATION CONTAINED THEREON AND/OR THE PRODUCTS WILL BE SATISFACTORY, UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE,AND YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.PLAY IT FORWARD MAY, FROM TIME TO TIME, REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. THE SERVICE AND ALL PRODUCTS (EXCEPT AS EXPRESSLY STATED BY PLAY IT FORWARD) ARE PROVIDED BY PLAY IT FORWARD ON AN "AS IS" AND "AS AVAILABLE" BASIS. PLAY IT FORWARD DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
Liability Limitations. IN NO EVENT SHALL PLAY IT FORWARD, AND ITS AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS (THE "PLAY IT FORWARD PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY PRODUCTS OR SERVICES DELIVERED TO YOU THROUGH THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITYOF SUCH DAMAGE, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE PLAY IT FORWARD PARTIES UNDER THESE TERMS EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE PLAY IT FORWARD PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Indemnity. By using the Service, you agree to indemnify and hold the Play It Forward and its affiliates, subsidiaries, successors, and assigns, and their respective directors, officers, shareholders, employees and agents, harmless with respect to any claims, liability, loss, damages, expenses and costs (including without limitation, reasonable attorneys' fees) arising out of the actual or alleged breach of these Terms by you or your use or access of the Service. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the control of the defense, settlement, and resolution of any matter otherwise subject to indemnification by you.
Applicable Law and Jurisdiction. The Service is controlled and operated by Play It Forward from its offices in the United States. These Terms shall be governed by U.S. Federal law and the laws of the State of New York, U.S.A., without regard to its conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York, NY, U.S.A. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this Section. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
Dispute Resolution. You and Play It Forward agree to binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules, rather than court, for any dispute or claim (excluding claims for injunctive or other equitable relief and claims that may be taken to small claims court) arising out of or relating to this Agreement or your use of the Service. Arbitration is more informal, uses a neutral arbitrator instead of a judge or jury, and allows for more limited discovery. Arbitrators can award the same damage and relief that a court can award.
The arbitration shall be governed by the laws of the State of New York, conducted in the English language and a single independent and impartial arbitrator shall be appointed pursuant to the AAA’s Rules. To begin an arbitration proceeding, the party who intends to seek arbitration must first send to the other party, by certified mail, a written notice of intent to arbitrate, or, in the absence of a mailing address provided by you to Play It Forward, to you through any other method available including email. The notice to Play It Forward should be send to our registered agent, Steve Mazza at 8 Longview Road, South Salem, NY 10590.
You agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burden on both parties: (i) the arbitration shall be conducted by telephone, online, and/or be solely based on written submission, as selected by the party initiating the arbitration; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (iii) each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents, no other discovery will be allowed; (iv) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Time is of the essence for any arbitration under this Agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Changes to Terms. Play It Forward reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the Service or Products. If we amend these Terms, we will post the amended version of these Terms on the Site. If a material change is made to these Terms, then Play It Forward will post a notice on Playitforward.com. You understand and agree that you will be deemed to have accepted the amended Terms if you use the Service after any such change. If you do not agree to any of these terms or any future Terms, do not use or access (or continue to access) the Service. No Play It Forward employee or agent has the authority to vary any of the Service's policies or these Terms governing any sale. Notwithstanding the preceding sentences of this paragraph, no revisions to the Terms will apply to any dispute between you and Play It Forward that arose prior to the date of such revision.
Enforcement of These Terms. Play It Forward reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Play It Forward's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that Play It Forward has the right, without liability to you, to disclose any Registration Data and/or account information to law enforcement authorities, government officials, and/or a third party, as Play It Forward believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of these Terms (including but not limited to Play It Forward's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).
No Responsibility for Third-Party Materials or Websites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, Play It Forward may provide links to certain third party websites. You acknowledge and agree that Play It Forward is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Play It Forward does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you.
Play It Forward’s Intellectual Property. You agree that the Service (along with all text, code, graphics, sounds, screen shots, video clips, data, demos and content therein) and the Products are owned by Play It Forward and contain proprietary information and intellectual property rights that are owned by Play It Forward and/or its licensors, and are protected by applicable U.S. and international intellectual property law. Play It Forward grants you a limited revocable license to access and use the Site and the Service. This license allows you to use proprietary information or intellectual property only in a matter that compliance with these Terms. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reproduce, modify, disassemble, or create derivative works based on without the prior written consent of Play It Forward. All rights to such information in and to such intellectual property rights not expressly granted to you are reserved by Play It Forward and/or its licensors. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. All copyrights in and to the Service, including but not limited to, the Play It Forward Store (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and content, are owned by Play It Forward and/or its licensors. Play It Forward, the Play It Forward logo, and other Play It Forward trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Play It Forward in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR INFRINGEMENT.
Submissions. You may choose to, and we may invite you to, submit comments, suggestions or ideas about the Service, including without limitation about how to improve the Service or our products ("Submissions"). By submitting any submissions, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis. You further acknowledge that, by acceptance of your Submission, Play It Forward does not waive any rights to use similar or related ideas previously known to Play It Forward, or developed by its employees, or obtained from sources other than you.
Export Control. You agree to abide by Unite States and other applicable export control laws and sanctions requirements and not to transfer, by electronic transmission or otherwise, any Product or software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
Notices. Play It Forward may send you notice with respect to the Service by sending an email message to the email address you provide during your purchase, or by a posting on the Service. Notices shall become effective immediately. Play It Forward's main offices are located at:
8 Longview Road
South Salem, NY 10590
LAST MODIFIED: July 2, 2015
You don’t need to provide us with any personal data in order to use our Service. However, certain aspects of our Service, such as uploading your audio files and choosing which charity to donate the proceeds to if you are an Artist, do require that you register for an account. By registering, you will provide us with certain information, as described below.
"Personal Information" means any information that may be used to identify an individual, including, but not limited to, a first and last name, home or other physical address, an email address, phone number or other contact information, whether at work or at home. Play It Forward collects the following Personally Identifiable Information from Artists when they use our Service: their email address, their password, and pictures of themselves. Play It Forward also collects the following Personally Identifiable Information fro you when you use our Services: payment information (credit card and address, or other third party information used for purchases such as PayPal or Amazon information). If you correspond with us by email or through the Service, we may retain the content of your messages, your email address and our responses.
Play It Forward also automatically receives and records information on our server logs from your browser, including your IP address, cookie information, and the page you request. Our Service uses an analytic system to help us learn about who visits our site and what pages are being viewed. You can choose not to provide us with certain information, but then you might not be able to take advantage of some of our features.
When you visit the Service, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets Play It Forward help you log in faster and enhance your navigation through the Service. A cookie may also convey information about how you browse the Service to us. A cookie does not collect personal information about you. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Service. Persistent cookies can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
We use your Personal Information to provide you the services offered on our Service. Play It Forward may use your email address to contact Artists for customer or technical support, or for other notifications. Any additional information that you, as an Artist, provide as part of your public profile, such as your real name, links to your website and other social media profiles, and your image, will be published on your profile page. This information will be publicly accessible and may be viewed by anyone accessing the Services. Please bear this in mind when considering whether to provide any additional information about yourself.
Play It Forward uses the data you, as either purchasers of our Products or Artists, enter on the Service, such as the price you enter and your choice of charity organization(s), to make sure that your contributions go to the right places. Play It Forward uses browser data like which operating system you are using to improve the Service’s user experience.
If you purchase a Product on the Service, you give Play It Forward the right to share your first name, last name, and donation amount with the Artist who uploaded the Product that you purchased. Play It Forward will e-mail this information to the Artist after your purchase to inform them of all activity associated with Product. Your e-mail address is provided to the Artist so that they have the opportunity to contact you and thank you for your support and donation.
We may use certain information about you internally for purposes such as analyzing how the Service is used, diagnosing service or technical problems, maintaining security, and personalizing content.
We may make your Personal Information non-personally identifiable by either combining it with information about other users (aggregating your Personal Information with information about other users), or by removing characteristics (such as your name or email address) that make the information personally identifiable. This process is known as de-personalizing your information. You grant us a royalty-free, worldwide, perpetual, irrevocable and fully transferable right and license to use your Personal Information in connection with the creation and development of analytical and statistical analysis tools relating to the use of the customer data we collect on the Site (the “Analytical Data”). We may make any commercial use of the Analytical Data, including without limitation, sharing the Analytical Data with third parties.
By purchasing a Product on the Service, you give Play It Forward the right to share your first name, last name, and donation amount with the Artist who uploaded the Product that you purchased.
If you provide information to such third parties, you give them permission to use it for the purpose of that Event and any other use that you approve. We cannot control third parties' use of your information. If you do not want your information to be collected by or shared with a third party, you can choose not to provide information to such third parties.
Play It Forward may disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Play It Forward or the Service; (2) protect and defend the rights or property of Play It Forward; or (3) act in urgent circumstances to protect the personal safety of users of Play It Forward, its web sites or the public. If Play It Forward or substantially all of its assets are acquired, or in the unlikely event that Play It Forward goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Play It Forward may continue to use your Personal Information as set forth in this policy.
The Personal Information that you provide to us is stored on severs that are located in secured facilities and protected by protocols and procedures designed to ensure the security of such information. In addition, Play It Forward employees and agents who have access to your personal information are trained in the maintenance and security of that information. However, no server, computer or communications network or system, or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect user information, we cannot ensure or warrant the security of any information you transmit to us or through the use of the Service and you acknowledge and agree that you provide such information and engage in such transmissions at your own risk. Once we receive a transmission from you, we will endeavor to maintain its security on our systems.
Personal information collected on the Service may be stored and processed in the United States or any other country in which Play It Forward or its affiliates, subsidiaries or agents maintain facilities, and by using the Service, you consent to any such transfer of information outside of your country.
Play It Forward will not knowingly collect personally identifiable information from any person age 13 and under. Play It Forward encourages parents to instruct their children to never give out personal information when online. Parents who are concerned about the transfer of personal information from their children may contact us at firstname.lastname@example.org to obtain a record of any information held by Play It Forward and have it removed at their request.
You agree that should any dispute or claim arise out of, or relate to, this Policy (“Claim”), you will attempt in good faith to negotiate a written resolution of the Claim directly with us. You agree that if the matter remains unresolved for thirty (30) days after one party has provided written notice of the Claim to the other party, all parties shall join in mediation services in New York, New York with a mutually agreed mediator in an attempt to resolve the dispute. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, you then agree that you will not be entitled to recover attorneys’ fees, even if you would otherwise be entitled to them.
Play It Forward will send its notice to the mailing or email address that we have on file. You will send your notice to Play It Forward, at email@example.com or at 8 Longview Road, South Salem, NY 10590. Please note that this informal resolution procedure does not suspend any statutory limitation periods applicable to the bringing of a Claim.