Terms and Conditions

Terms and Conditions

Texas Music Library and Research Center (“TMLRC”) provides the content on this website, other TMLRC websites, and third-party websites on which it maintains a presence in support of its mission for the research, education, preservation, and exhibition of Texas music history.  TMLRC invites visitors to use its online content for personal, educational and other non-commercial purposes. By using the Websites, User accepts and agrees to abide by the following terms and conditions:

This Web Site “Terms and Conditions Agreement (TCA)” is a binding legal contract between the web site User (as an individual or a legal entity) and the Texas Music Library and Research Center (“TMLRC”). These Terms and Conditions govern access to and use of the websites offered by TMLRC including, and without limitations,  www.texasmusichistory.org, www.texasmusiclibrary.org,  www.texasmusichallofame.org, and others (to be determined), any software, programs, services, tools, features, databases, materials, content or information available or used in connection with, collectively, the “Sites” and/or each individually, “Site”.

By downloading, accessing or using any part of the Site User has accessed, User will be bound by the terms of these Terms and Conditions. If User does not agree to the terms of these Terms and Conditions, TMLRC is not willing to grant User any right to use or access the Site. In such event, User is not granted permission to access or otherwise use the Site and is instructed to exit the Site immediately.

TMLRC may change, add or remove portions of the Terms and Conditions at any time, which shall become effective immediately upon posting. It is User’s responsibility to review the Terms and Conditions prior to each use of the Site and by continuing to use the Site, User agree to any changes.

The content of all material on this Site is copyrighted by American Showcase Programs, Inc. (APST) unless otherwise indicated. Permission to copy, distribute, or use in whole or part for any non-commercial purpose is hereby granted provided that the information (names, titles, marks, files, documents, or photographs) is credited to TMLRC or the Texas Music Hall of Fame, Inc.

For information on this website credited to another copyright holder, please contact that source regarding use of their material. Any titles, names, marks or other references to people, organizations, agencies, locations and events not owned by TMLRC are for informational purposes only. Nothing in this site shall be construed to convey any rights of third party information, or is an admission of any relationship, between TMLRC and any other party.

SITE ACCESS AND USE LICENSE

The Site User have accessed, where all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name, common law and other intellectual property rights owned or controlled by TMLRC, its affiliates, partners, collaborating organizations, contractors and licensors. The Site is licensed to User, not sold, acquired or transferred. Except for the limited use license granted in this TCA, TMLRC and its affiliates, partners, collaborating organizations, contractors and licensors retain all rights, title and interest in the Site and all proprietary rights in the Site, including copyrights, patents, trademarks and trade secret rights.

The Site User may not use the content of this Site for commercial purposes. This means that User may not sell the content or sell materials, products or services that use and incorporate the content, nor may User use the content to promote or advertise products or services. If User wishes to use the content for any purpose beyond the permitted uses herein, such as a commercial use or publication, User must obtain prior written permission from TMLRC (or other owner of the Content as applicable).

TMLRC may change, suspend, or discontinue any aspect of the Site at any time.

1. GRANT OF LICENSE. TMLRC grants User a personal, revocable, nontransferable, nonexclusive license to use the Site for personal, non-commercial purposes, conditioned on User’s continued compliance with the terms of this TCA.

2. LIMITATIONS ON LICENSE. The license granted to User in this TCA is restricted as follows:

• Limitations on Copying and Distribution. User may download or copy downloadable items displayed on the Site for personal, non-commercial use only, provided that User agrees to, and maintain all copyright, trademark and other notices contained therein.
• Limitations on Use. User may use and access the Site solely for User’s personal, non-commercial use. All use of the Site must be in accordance with this TCA. User may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any contents, information, data or materials provided through the Site in any manner not expressly permitted by this TCA or the Site. User may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site, or directly or indirectly permit any third party to use or copy the Site.  User may not: (i) use any “deep link”, “page scrape”, “robot”, “spider”, or other automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Site; (ii) attempt to gain unauthorized access to any portion or feature of the Site, including without limitation, the account of any other authorized user or any other systems or networks connected to the Site or to any server used by TMLRC or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Site; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks of TMLRC or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site; (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Site, titles and copyrights without the express,separate and prior written permission of TMLRC; (x) create an intact reproduction of a page or pages, marks, titles and copyrights of the Site into another website; or (xi) use the Site in an unlawful manner or in a manner that could damage, compromise, disparage, or otherwise negatively impact TMLRC, its affiliates, partners, collaborating organizations, contractors and licensors.
• Non-Solicitation. User may not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services.
• Limitations on Reverse Engineering and Modification. User may not reverse engineer, decompile, disassemble, modify or create works derivative of the Site or any materials accessed through the Site,
• Proprietary Notices. User may not remove any proprietary notices (including copyright and trademark notices) or labels from the Site or on any materials accessed through the
• Compliance with Applicable Law. Users are solely responsible for ensuring user’s use of the Site is in compliance with all applicable foreign, federal, state and local written and common laws, rules and regulations.

3. USER OBLIGATIONS. By accessing or using the Site in order to view information and materials or submit Information (as defined below) of any kind, User represent that User: (i) is at least 18, or between the ages of 13 and 17 and using the Site with parental or legal guardian consent and supervision; (ii) may be registered to the extent required, and have not been previously restricted, suspended or terminated by TMLRC; and (iii) is not using another user’s information without his/her permission.

4. USER’S SUBMISSION OF CONTENT. The Site may contain comment areas, questionnaires, tools, and other interactive features where User can share and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Information”). User is solely responsible for any Information User provide. By submitting Information to the Site, User warrant that User have all necessary rights to grant, and automatically grant to TMLRC and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Information (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or developed in the future. User also permit any other users of the Site to access, view, store or reproduce user’s Information and content for that user’s personal, non-commercial use. TMLRC will not be required to treat any Information as confidential, and User further grant to TMLRC the right to edit, copy, display, publish and distribute any Information made available via the Site by User, without compensation to User or any other party submitting the Information for User. Notwithstanding the right and license, by merely permitting user’s Information to appear on the Site, TMLRC is not a publisher of such Information, and is merely functioning as an intermediary to enable User to provide and display Information. Moreover, and except as provided in this TCA, with respect to the right and ability of TMLRC to delete or remove Information, TMLRC does not endorse, oppose, or edit any opinion provided by User or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Information displayed, uploaded, linked-to or distributed by User or any other user. User agrees that by using the Site, User will not post or transmit any of the following:

• anything that interferes with or disrupts the Site or its operation;
• Information that is vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing;
• unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy
• Information that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
• Information that harm minors;
• Information that impersonate any other person or entity, whether actual or fictitious, or that misrepresent user’s affiliation with any entity;
• files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.

5. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to receipt of services, participation in a particular program, training, authorized user registration to other specific portions or features of the Site, all of which are made a part of this TCA by this reference. If there is a conflict between this TCA and the terms posted for or applicable to a specific portion of this Site, the latter terms shall control with respect to user’s use of that portion.

6. LINKS TO OTHER SITES. TMLRC may provide links, in its sole discretion, to other sites on the World Wide Web. TMLRC is not responsible for the availability of these outside resources or their contents. TMLRC expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or made available on these third-party sites, or the products or services provided by any third party.

7. LINKS TO THIS SITE. User may link to this Site provided that User does so in a way that indicates that the link is to www.texasmusichistory.org, and is fair and not misleading. User may not integrate or make use of all or part of this Site in ways that would confuse or mislead visitors as to the nature and origin of this Site’s content.

8. WARRANTY DISCLAIMER. User expressly agrees that use of the site is at user’s sole risk and that User assumes all risk. The site is provided on an “as available,” “as is” basis. To the maximum extent permitted by law, TMLRC, its affiliates, partners, collaborating organizations, contractors and licensors disclaim all warranties with respect to the site, including, but not limited to, the implied warranties of non-infringement, title, merchantability, quiet enjoyment, quality of information, and fitness for a particular purpose. TMLRC does not warrant that the site will meet user’s requirements, or that the operation of the site will be uninterrupted or error-free, or that defects in the site will be corrected. User specifically acknowledges that TMLRC is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with User.

9. LIMITATION OF LIABILITY. To the maximum extent permitted by law, in no event will TMLRC, its affiliates, partners, collaborating organizations, contractors and licensors, directors, staff and employees be liable to User or any third party for any direct, special, incidental, consequential, punitive, or indirect damages (whether in contract, tort including negligence, or otherwise), which include, without limitation, damages for personal injury, lost profits, lost data and business interruption, arising out of the use of, or inability to use, the site, even if TMLRC has been advised of the possibility of such damages. In any case, the entire liability of TMLRC its affiliates, partners, collaborating organizations, contractors and licensors under these terms and conditions for all damages, losses, and causes of action (whether in contract, tort including negligence, or otherwise) is limited to the amount paid by User, if any, for access to the site or a service.

10. OTHER DISCLAIMERS.

• The Site and the information contained herein are provided for informational and educational purposes only, and could include technical inaccuracies or typographical errors.
• Content on the Site is provided with the understanding that TMLRC is not rendering professional advice or recommendations. User should not rely on any information on these pages to replace consultations with qualified professionals to meet user’s individual needs.
• This publication is distributed internationally and may contain references to international affiliates of TMLRC, their services, products, and programs that are not in each user’s country. These references do not imply that TMLRC intend to announce or provide the programs, products, or services in user’s country.

11. MONITORING. TMLRC has the right, but not the obligation, to monitor the content of the Site (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Information), to determine compliance with this TCA and any operating rules established by TMLRC and to satisfy any law, regulation or authorized government request. TMLRC has the right and sole discretion to edit, refuse to post, or remove any Information submitted to or posted on or within the Site, including, without limitation, the right to remove any Information that TMLRC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

12. INDEMNIFICATION. User agree to indemnify, defend and hold TMLRC, its affiliates, partners, collaborating organizations, contractors and licensors, and its and their respective governors, directors, officers, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of user’s use of the Site.

13. PRIVACY POLICY. User understands, acknowledges, and agrees that the operation of certain programs, services, tools, materials, or information in the Site requires the submission, use and dissemination of personal identifying information. Accordingly, if User wishes to access and use those programs, services, tools, materials, or information of the Site, User acknowledge and agree that User’s use of the Site will constitute acceptance of the personal identifying information collection and use practices contained in the Privacy Policy posted on the Site.

14. TRADEMARK INFORMATION. Many of the names, titles, trademarks, service marks, and logos that appear in the Site are registered (federal, state or local) or are common law (unregistered) marks owned, associated or licensed to TMLRC. With the exception of fair use, User may not use TMLRC names, titles, marks, or logos without prior written permission.

Marks of third parties may also appear in the Site from time to time. User agree that nothing in the Site shall be construed as granting any license to use any marks displayed in the Site without the express written permission of the owner of the mark.

15. GENERAL. This TCA is governed by and construed in accordance with the laws of the State of Texas, as applied to agreements entered into and wholly performed within the State of Texas between State of Texas residents. Any action or proceeding brought by either party hereto shall be brought only in a court of competent jurisdiction located in the State of Texas and the parties submit to personal jurisdiction of those courts for purposes of any action or proceeding.

This TCA constitutes the entire understanding and agreement between TMLRC and User with respect to the Site and any transactions contemplated in these Terms and Conditions supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of the Terms and Conditions, all of which are merged into this TCA.

User may not modify, amend or alter in any way this TCA. In the event any provision of these Terms and Conditions is found invalid or unenforceable pursuant to judicial decree, the remainder of this TCA will remain valid and enforceable according to its terms. Any failure by TMLRC to strictly enforce any provision of this TCA will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this TCA. It is expressly understood and agreed that in the event any remedy hereunder is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages will remain in effect. Our designated address for notice of any and all claims is: [email protected].

Revised July 2016