Use of Content from this Website
The Association for Cultural Equity (“ACE”;) provides the content on the ACE websites in furtherance of its mission to “to stimulate cultural equity through preservation, research, and dissemination of the world’s traditional music, and to reconnect people and communities with their creative heritage.” ACE invites visitors to use its online content for personal, educational and other non-commercial purposes. By using the ACE Website, you accept and agree to abide by the following terms.
Intellectual Property Rights in Content
ACE is the owner of the compilation of content that is posted on the ACE Website, which consists of text, images, audio, video, databases, design, codes and software (“Content”). However, ACE does not necessarily own each component of the compilation. The Content that ACE makes available on the ACE Website may be owned by ACE, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content is in the public domain and some Content is protected by third party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions.
ACE Content is identified as having “no known copyright restrictions” when ACE is unaware of any copyright restrictions on its use. This may mean that: (1) a copyright existed at one time but was not renewed, or the copyright may have expired, or the owner may have intentionally placed the Content into the public domain; or (2) the Content was never eligible for copyright protection because it was created by an employee of the United States as part of his or her official duties, or (3) there are no copyright markings or other indications on the Content to indicate that it was copyrighted or otherwise restricted; or (4) ACE records do not indicate any evidence of copyright restrictions. These facts do not necessarily mean that the Content is in the public domain, but rather indicate that no evidence has been found to show that copyright restrictions apply.
ACE endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, donor restrictions, etc.); however, ACE can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the ACE Website, please contact the appropriate ACE staff that is associated with the Content.
Rights, Restrictions and Security Contacts
Permitted Uses
ACE welcomes you to make fair use of the Content as defined by copyright law. Information on United States copyright fair use law is available from the United States Copyright Office: http://www.copyright.gov/fls/fl102.html. Please note that you are responsible for determining whether your use is fair and for responding to any claims that may arise from your use.
In addition, ACE allows personal, educational, and other non-commercial uses of the Content on the following terms:
You must cite the author and source of the Content as you would material from any printed work. You must also cite and link to, when possible, the ACE Website as the source of the Content.
You may not remove any copyright, trademark, or other proprietary notices including attribution information, credits, and notices, that are placed in or near the text, images, or data.
You must comply with all terms or restrictions other than copyright (such as trademark, publicity and privacy rights, or contractual restrictions) as may be specified in the metadata or as may otherwise apply to the Content.
These uses are predicated on the streamed nature of the Content; you may not download, copy, or reproduce any of the streamed Content for any purpose.
Unauthorized Uses Require Prior Written Permission
You may not use the Content for commercial purposes. This means that you may not sell the Content or sell materials, products or services that use and incorporate the Content, nor may you use the Content to promote or advertise products or services. If you wish to use the Content for any purpose beyond the permitted uses, such as a commercial use or publication (except as may be permitted by fair use under the copyright law), you must obtain the written permission of the copyright owners and/or the appropriate licensors.
If you are uncertain about who to contact or are seeking permission to include the Content in a commercial product or other item of consumer merchandise, or are seeking to use the Content in a film or video product, or for general assistance with permissions requests please contact Licensing, permissions@culturalequity.org.
Trademarks
Many of the names, titles, trademarks, service marks, and logos that appear on the ACE Website are registered or common law (unregistered) marks of ACE. With the exception of fair use, you may not use ACE trademarks without prior written permission.
Trademarks of third parties may also appear on the ACE Website from time to time. You agree that nothing on the ACE Website shall be construed as granting any license to use any Trademark displayed on the ACE Website without the express written permission of the owner of the trademark.
Copyright Complaints
If you have any complaints or objections to Content posted on the ACE Website because it was not properly credited or it was posted without permission and you are the copyright owner, please refer to the Digital Millennium Copyright Act (DMCA) notice for information on how to proceed.
Links to Third Party Sites
ACE may link to third party sites which are not under the control of ACE. These links are provided as a convenience and for informational purposes only, and they do not indicate ACE’s endorsement, sponsorship of, or affiliation with the third party or content of the linked website, including any advertisements that may be posted. ACE has no control over, makes no representation or warranty and bears no responsibility for the accuracy, legality or content of the externally linked sites.
Links from Third Party Sites
Linking is an important feature that facilitates searching and making connections among websites. If you link to the ACE Website, you agree to present the link in a manner that does not give the impression that ACE endorses, whether expressly or implicitly, any products, services or opinions provided on your website and that the link contain a clearly written notice that the user is leaving your website and accessing another.
Disclaimer
The Content is provided “as is” without a warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. ACE shall not be responsible or liable for any damage that may occur due to your use of ACE Website or downloading any Content from the ACE Website.
Reservation of Rights
ACE reserves the right to change these Terms of Use from time to time without notice; changes shall be effective upon posting. Please check back regularly for updates. Failure of ACE to enforce any of these terms shall not constitute a waiver of such terms.
Warranty and Indemnity
By using the ACE Website, you represent and warrant that your use will be consistent with these Terms of Use, including fair use. You agree to indemnify, defend and hold ACE harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the ACE Website.
Applicable Law and Jurisdiction
These Terms of Use and any amendments or revisions shall be governed by applicable federal law and the laws of the State of New York, without regard to its conflict of laws principles. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use shall be brought in the appropriate federal court.
Privacy
By using the ACE Website, you agree that ACE may collect, use and disclose information that you provide as described in the Privacy Policy.
Questions
For questions contact us at: staff@culturalequity.org.