The Global Jukebox Terms of Use

Use of Content from this Website

The Association for Cultural Equity (“ACE”) provides the content on this website (www.theglobaljukebox.org), and other ACE websites (“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 Websites, 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 Websites, 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 Websites 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 Websites, 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:

1. 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.
2. 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.
3. 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.

Application to use audio and film clips and images must be directed to the rights holders or their representatives listed on the metadata screens of each item. The responsibility for making a legal assessment of any portion of the Content and securing any necessary permission ultimately rests with you, or the persons desiring to use the Content.

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 Websites 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 Websites from time to time. You agree that nothing on the ACE Websites shall be construed as granting any license to use any Trademark displayed on the ACE Websites without the express written permission of the owner of the trademark.

Identifying & Descriptive Data

The Identifying and Descriptive Data for each song has taken several years to compile, and will remain a work in progress. Culture latitude and longitude come from Glottocode. Local lat./long. places familiar villages and localities of origin of the material. Where location information is missing, it may have been omitted in order to shield the privacy of performers and their communities. Ideally, song ’titles’ or first lines would be given in their native languages, but often we were unable to locate them in the collector’s notes or in other sources; in such cases we have used an English title or a temporary generic descriptive one. The culture descriptions will take additional time to enter. We are collecting ’Living Metadata’, that is culture and song descriptions, explanations, interpretations, and corrections from source culture members and tradition bearers.

First Americans, Aboriginal Australians and members of other indigenous and ethnic communities should be aware that the Site may contain images, voices or names of deceased persons in audio recordings, film, or in print.

Identifying and Descriptive Data and related analyses on this Site may contain terms reflecting authors’ views or the period in which the documentation was gathered, and may not be considered correct or appropriate today. This material may not reflect current understanding or the views of the Association for Cultural Equity, but is provided for scientific and historical accuracy.

We will gladly receive any corrections and missing information from our visitors or the contributors and performers of the songs here: mailto:contact@theglobaljukebox.org.

Interactive Features and User-Generated Content

ACE provides certain interactive features, which allows creation of your own libraries of songs, metadata, and codings, for the exchange of ideas and information by visitors in furtherance of its mission. Accordingly, ACE encourages you to interact with its site, subject to the following conditions:

• You are solely responsible for the content that you submit.
• By posting content, you are giving ACE and those authorized by ACE permission to use it for any educational, promotional or other relevant purpose.
• You will not post any content that is off-topic, partisan-political, contains personal attacks or expletives, or is otherwise abusive, threatening, unlawful, harassing, discriminatory, libelous, obscene, false, pornographic, or that infringes on the rights of any third party.
• You will only post content that is yours or for which you have received permission from the person or entity that owns the content and the related intellectual property rights.
• You will not insert your own or a third party’s advertising or promotional content into your posting.
• You understand that ACE may monitor or review discussions, chats, postings, transmissions, bulletin boards or any other postings from time to time.
• You understand that ACE assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger or inaccuracy contained in any posted information or from any failure or delay in removing such content.
• You will not introduce any software viruses, worms or other programs designed to damage software, hardware or telecommunications equipment.
• You agree that you will not collect information about the users of this website or use such information for any purpose.
• You are not under the age of 13.
• ACE reserves the right to monitor content or information provided by website visitors in its sole discretion, to edit or remove any content that, in ACE’s judgment, does not comply with the foregoing rules. ACE is not responsible for any user-generated content that is posted on the ACE Websites or for any failure or delay in removing such content.

Copyright Complaints

If you have any complaints or objections to Content posted on the ACE Websites 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 Websites, 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 Websites or downloading any Content from the ACE Websites.

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 Websites, 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 Websites.

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 Websites, you agree that ACE may collect, use and disclose information that you provide as described in the Privacy Policy, at www.culturalequity.org/privacy.

Questions

For questions contact us at: contact@theglobaljukebox.org or at: Association for Cultural Equity, 425 E. 25th Street, Room 1000, New York, NY 10010.