MusicRx: Good Tunes for a Good Cause. Download to Donate! Terms Of Use

Music. It's one of the greatest things that humans will forever be able to share with one another. It expresses every abstract thought and feeling that cannot be put into one's own words. iTunes will donate up to 5% of all purchases to the Children's Cancer Assocation, a charity committed to transparency with an excellent record of doing the most good with its donations. So how does it work? Just buy any song that you like on iTunes through MyMusicRx.org, and you'll help a kid; it's that easy.

Terms of Use

This is the legal part of the MyMusicRx Website, www.mymusicrx.org (the "Website"), provided to you by Children's Cancer Association ("CCA"). These are the rules that apply to your access to and use of the Website, including all materials, online communications and other information that is or becomes available on the Website. It is very important for you to review these rules with your parents before you use this Website. If you follow the rules, you can have a lot of fun connecting with other kids or accessing music through the Website. If you don't follow the rules, you can be blocked from accessing the Website.

The Basics

Before you can set up a login to use the Website, you must get your parent's permission. After setting up a login, by signing in to the Website to post your profile, update your medical status or to just let everyone know how you’re dealing with your illness or just what’s going on in your life, you and your parents are saying that it is okay for us to repeat what you say on the Website, or even use it in our advertising, marketing or promotional materials, or for any other reason we choose, at any time. However, before we will post anything you submit to the Website, we will first review it and have the right to refuse to post your request for any reason. Most importantly, we want to be sure there are no swear words or ugly statements that others can read. We also want to make sure to protect your privacy by not identifying something about yourself that could allow someone on the internet to determine who you are.
All the stuff, including music and videos, that we let you listen to and watch on the Website are only for you to watch and listen to, or download only if we allow you to do so. Otherwise, you can't sell them, give them to anyone, or pretend you made them.

Remember to ALWAYS check with your parents before you send anything to us.

The Not-So Basics

As your parents would expect, our lawyers have a few more things they want to make sure you and your parents understand about this Website, so here's what they say:

PLEASE READ THESE TERMS OF USE (the "Agreement") CAREFULLY BEFORE USING THIS WEBSITE. This Website at www.MyMusicRx.org is fully controlled and operated by Children’s Cancer Association, a non-profit corporation based in Portland, Oregon ("CCA"). By accessing and using this Website, you are hereby agreeing to be legally bound by these terms of use. If you do not agree with all of the following terms of use, please do not use this Website. We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms of use at any time. Such changes and/or modifications shall become effective immediately upon posting them to the Website; therefore, please review the terms of use periodically for any changes. Your continued use of the Website following changes will constitute your acceptance of the revised terms of use.

OWNERSHIP OF INTELLECTUAL PROPERTY

All Website software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of CCA and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are legally protected pursuant to U.S. and foreign copyright and trademark, and other applicable laws. CCA grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any material and/or software that you may download from this Website, including, without limitation, any files, codes, audio, video or images incorporated in or generated by the Website provided that you maintain all copyright and other notices contained in all Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party, including, you may not display or distribute any of the Material through another website without the express prior written consent of CCA. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

POSTING CONTENT TO THE WEBSITE

In General: To the extent that portions of this Website provide users an opportunity to post information, ideas and opinions (the "User Content"), please be advised that User Content does not necessarily reflect the views of CCA. In no event shall CCA assume or have any responsibility or liability for any User Content or for any claims, damages or losses resulting from their use and/or appearance on this Website. You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information they contain and that such User Content does not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You hereby authorize CCA to use, and authorize others to use, your User Content in whole or in part, on a royalty-free basis, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, CCA has the right to use and change the User Content in any manner that CCA may determine. CCA does not allow User Content which contains:

private or personal information which might identify a user
profanity or obscenities
personal attacks on other individuals
slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that CCA deems in its sole discretion to be inappropriate for this Website
anything whereby you impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity
content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

The User Content may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although CCA periodically monitors the content posted on this Website, we cannot be responsible for the views or opinions expressed by third parties. Nonetheless, CCA will make every reasonable effort to see that the User Content best serve the interests of all users and, therefore, CCA reserves the unfettered right to refuse to post, edit, or delete messages that violate the above-referenced rules, as well as revoke the privileges of users who do not comply with these rules. If you believe that any content on the Website (including, without limitation, User Content) violates any of the terms of this Agreement please send us a message about it to Questions@MyMusicRx.org. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive your message.

Musical Artist Content: In addition to the foregoing General Posted Content rules above, if you are a musical artist and either submit or post audio, video or written materials ("Artist Materials") to the Website, you agree as follows: (1) that the Artist Materials do not infringe any proprietary or other rights of third parties (please do not post any Artist Materials containing content for which you do not own or control the rights); (2) you grant CCA a direct, worldwide, non-exclusive, perpetual, royalty free right and license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display the Artist Materials that you submit, including on the Website and in CCA's marketing, promotional and other similar materials and campaigns and that CCA under all applicable rights schemes, including public performance rights; (3) you grant CCA the right and license to use the name, voice and likeness of all persons depicted in the Artist Materials consistent with these terms of use; and (4) you represent and warrant that you have the rights to grant the rights herein granted to CCA.

CONTESTS, SWEEPSTAKES AND OTHER ACTIVITIES

CCA provides rules and/or guidelines ("Activity Rules") for certain activities that may from time to time be available through this Website including, without limitation, contests, sweepstakes and sending electronic messages by CCA and in conjunction with third parties. This Agreement is incorporated by reference into the specific Activity Rules that appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Activity Rules, the Activity Rules govern.

PURCHASES ON THE WEBSITE

CCA offers you the ability to download music for a fee through a link to iTunes®. You may be presented with additional terms that apply to your purchase of music through these services.

Processing music purchases through the links provided on this Website utilize third party service providers. All purchases made through these third party service providers are subject to their respective terms and conditions of use. CCA is not responsible for and has no liability whatsoever for goods or services you obtain through our third party service providers or other websites or pages. CCA does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to the third party processing your transaction, and you irrevocably waive any claim against us with respect to such third party websites and services. We are not responsible for assisting you in correcting any problem you may experience with goods and services purchased through a third party service provider, even if the goods or services were shown on a page on this Website.

DISCLAIMER AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CHILDREN’S CANCER ASSOCIATION is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Website or with respect to the information and material contained on this Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHILDREN’S CANCER ASSOCIATION, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS WEBSITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY CHILDREN’S CANCER ASSOCIATION OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Children’s Cancer Association's liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Website.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or postcards generated by third parties does not constitute endorsement by CCA, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and CCA does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these websites. Furthermore, CCA is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Websites. As such, neither CCA nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these websites. Finally, CCA will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked websites.

ADS AND MALICIOUS SOFTWARE

We take great care and pride in creating this Website. We are always on the lookout for technical glitches that effect how the Website works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Website--and that is beyond our control.

If you experience any unusual behavior, content or ads on the Website, it may be the result of malicious software--is a term used to broadly classify a form of software which is installed in a computer system with malicious intentions, usually without the owner's knowledge or permission. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Website is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Website and on other websites that you visit.

If you do discover any malicious software on your system, we also suggest you speak with a qualified computer technician.

If, after taking the above actions, you are still experiencing any problems, please feel free to contact us at Questions@MyMusicRx.org.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless, CCA, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. CCA reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CCA in asserting any available defenses.

APPLICABLE LAW, VENUE, JURISDICTION

The Agreement and the relationship between you and CCA shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. For any dispute arising under this Agreement, you agree to submit to the personal and exclusive jurisdiction of the federal and state courts located in the Multnomah County, Oregon. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

MISCELLANEOUS

CCA operates and controls this Website from its offices 433 NW 4^th Avenue, Suite 100, Portland Oregon 97209, United States of America. This Website is intended for residents of the United States only. No software from this Website may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions.

COPYRIGHT POLICY

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Website and to promptly end any infringement that might occur. If you believe that the Website contains elements that infringe your copyrights in your work, please follow the procedures set forth in our Copyright Policy

Please make sure you review our Privacy Policy for all details regarding the use of your personal information.

These Terms of Use were last updated on July 5, 2011