1. Your Acceptance
A. By using and/or visiting this website (collectively, including all Content available through the www.inthemorningofaday.com domain name, the "’inthemorningofaday Website", or "Website"), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), (2)Inthemorningofaday's privacy notice, found at http://www.inthemorningofaday.com/privacy and incorporated here by reference. If you do not agree to any of these terms of the inthemorningofaday privacy notice, please do not use the inthemorningofaday Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version of http://www.inthemorningofaday.com/terms-of-use. inthemorningofaday may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. inthemorningofaday Website
A. These Terms of Service apply to all users of the inthemorningofaday Website, including users who are also contributors of information about events on the Website. The inthemorningofaday Website includes all aspects of inthemorningofaday, including but not limited to in the morning of a day song, its lyrics and scores.
B. The inthemorningofaday Website may contain links to third party websites that are not owned or controlled by inthemorningofaday. inthemorningofaday has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, inthemorningofaday will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve inthemorningofaday from any and all liability arising from your use of any third-party website.
3. inthemorningofaday Email Address Submissions
A. In order to be able use some features of the Website, you will be asked to submit only your email address. You must notify inthemorningofaday immediately unauthorized use of your email address.
B. Although inthemorningofaday will not be liable for your losses caused by any unauthorized use of your email address, you may be liable for the losses of inthemorningofaday or others due to such unauthorized use.
4. General Use of the Website -- Permissions and Restrictions
inthemorningofaday hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
A. You agree not to alter or modify any part of the Website.
B. The song “in the morning of a day” and all items that are related to the song, such as its score and lyrics, are copyrighted and protected by international intellectual property rights. The song is registered with MSG and other organizations and the record label company “Jump Sky Records” has 100% control over the rights of the song.
C. You can freely download and use the song “in the morning of a day” and other downloadable items about the song that are available on the inthemorningofaday Website, for non-commercial uses only (commercial uses that require expressed approval by inthemorningofaday are listed below).
D. You agree not to use the Website, including the song “in the morning of a day” for any commercial use, without the prior written authorization of inthemorningofaday. Prohibited commercial uses include any of the following actions taken without inthemorningofaday's expressed approval:
- sale of access to the Website or its related services (such as the song, its lyrics or scores) on another website;
- use of the Website or its related services (such as the song), for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the inthemorningofaday website or any third-party website, targeted to the content of specific User Submissions or inthemorningofaday content;
- and any use of the Website or its related services (such as the song) that inthemorningofaday finds, in its sole discretion, to use inthemorningofaday's resources or User Submissions with the effect of competing with or displacing the market for inthemorningofaday, inthemorningofaday content, or its User Submissions.
For the approval and questions on the commercial uses of the song and related material, please contact inthemorningofaday executives at firstname.lastname@example.org
E. Prohibited commercial uses do not include:
- uploading information about an event to inthemorningofaday, to promote your business, which is related to issues about global warming.
- using the song provided the primary purpose of using the song is not to gain advertising revenue or compete with inthemorningofaday;
- any use that inthemorningofaday expressly authorizes in writing.
F. If you use the inthemorningofaday song on your website, you must include a prominent link back to the inthemorningofaday website on the pages containing the song and you may not modify the song in any way.
G. You will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
H. Inthemorningofaday reserves the right to discontinue any aspect of the inthemorningofaday Website at any time.
5. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the inthemorningofaday Website.
A. The content on the inthemorningofaday Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Inthemorningofaday, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Inthemorningofaday reserves all rights not expressly granted in and to the Website and the Content.
B. You may access User Submissions solely:
- for your information and personal use;
- as intended through the normal functionality of the inthemorningofaday Service
C. You may access inthemorningofaday Content, User Submissions and other content only as permitted under this Agreement. inthemorningofaday reserves all rights not expressly granted in and to the inthemorningofaday Content and the inthemorningofaday Service.
D. You agree not to circumvent, disable or otherwise interfere with security-related features of the inthemorningofaday Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Inthemorningofaday Website or the Content therein.
E. You understand that when using the Inthemorningofaday Website, you will be exposed to User Submissions from a variety of sources, and that Inthemorningofaday is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Inthemorningofaday with respect thereto, and agree to indemnify and hold Inthemorningofaday, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
6. Your User Submissions and Conduct
A. As a inthemorningofaday User you may submit information about events about global warming. All this information is referred to as "User Submissions." These User Submissions are open to all public.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize inthemorningofaday to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to inthemorningofaday, you hereby grant inthemorningofaday a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the inthemorningofaday Website and inthemorningofaday 's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the inthemorningofaday Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the inthemorningofaday Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute and display such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in User Submissions terminate after the event mentioned in a User Submission has taken place. You understand and agree, however, that inthemorningofaday may retain, but not display or distribute server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, illegal, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant inthemorningofaday all of the license rights granted herein.
E. inthemorningofaday does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and inthemorningofaday expressly disclaims any and all liability in connection with User Submissions. Inthemorningofaday does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and in.themorningofaday will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. inthemorningofaday reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Inthemorningofaday may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE INTHEMORNINGOFADAY WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, INTHEMORNINGOFADAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. INTHEMORNINGOFADAY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INTHEMORNINGOFADAY WEBSITE. INTHEMORNINGOFADAY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE INTHEMORNINGOFADAY WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INTHEMORNINGOFADAY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL INTHEMORNINGOFADAY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE INTHEMORNINGOFADAY WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT INTHEMORNINGOFADAY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled by inthemorningofaday from its facilities in Spain. inthemorningofaday makes no representations that the inthemorningofaday Website is appropriate or available for use in any location. Those who access or use the inthemorningofaday Website from any jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless inthemorningofaday officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the inthemorningofaday Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the inthemorningofaday Website.
12. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by inthemorningofaday without restriction.
(i) The inthemorningofaday Website may utilize any servers around the world for the the distribution of its services.
(ii) The inthemorningofaday Website is managed, edited and developed in Barcelona, Spain.
(iii) Any claim or dispute between you and .inthemorningofaday that arises in whole or in part from the inthemorningofaday Website shall be decided exclusively by a court of competent jurisdiction located in Barcelona, Spain.