WILDFLOWER MUSIC’S TERMS AND CONDITIONS OF USE
THESE TERMS AND CONDITIONS OF USE (“TERMS”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND WILDFLOWER MUSIC, LLC (“WILDFLOWER”). PLEASE READ THESE TERMS IN THEIR ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR DOWNLOAD ANY SONG. BY USING THIS WEBSITE OR DOWNLOADING A SONG, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST DISCONTINUE USING THE SITE.
If you are under eighteen (18) years of age, you must have parental consent before ordering any song on this site. If you are under thirteen (13) years of age, you may not order any song on this site.
OWNERSHIP OF THIS WEBSITE
This website is owned and operated by WILDFLOWER. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by WILDFLOWER, or its licensors, clients and content providers. All elements of WILDFLOWER websites, including, but not limited to, the general design and the Content, are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property rights. The words “WILDFLOWER MUSIC” and the WILDFLOWER logo, are trademarks of WILDFLOWER in the United States and may also be in other countries.
NO UNAUTHORIZED COPYING
Except as explicitly permitted under these Terms or a written agreement with WILDFLOWER, no portion or element of this website or its Content may be copied or retransmitted via any means. This website, its Content and all related rights will remain the exclusive property of WILDFLOWER or its licensors unless otherwise expressly agreed in writing.
NO UNLAWFUL OR PROHIBITED USES
As a condition of your use of this website, you warrant to us that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You agree not to use the website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the website.
WILDFLOWER allows you to purchase licenses to specific songs for specific uses (each, a “Song”). In order to download a Song, you will be required to agree to the usage terms for the Song and to purchase a license that limits the use of the Song to those exact terms. A PDF file of the license document (“License”) will be sent to you and will serve as both invoice and license. The provisions of the License will control your use of the Song and will override any conflicting provisions in these Terms with respect to your use of the Song.
From time to time, WILDFLOWER may provide you the opportunity to download an MP3 file of the Song for evaluation purposes only. In this case, WILDFLOWER grants you a non-transferable, non-exclusive license to store, reproduce (including making a copy onto your computer’s hard drive) and use the Song solely for evaluation purposes, to test the Song (including using the Song in animated and video sequences for evaluation purposes only), but only when used in a non-commercial manner and in no way distributed to the public or clients.
Except for those uses described above, rates and rights to use must be negotiated before use. All Songs and all rights not expressly granted in writing remain the exclusive property of WILDFLOWER.
Unless permitted in the License, you may not:
- Sublicense, re-license, rent or lease any Song or Content
- Copy or publish any Song or Content to a network or bulletin board
- Otherwise distribute or allow any Song or Content to be distributed to or used by anyone other than the authorized users, or synched to visuals
- Use any Song or Content in connection with any form of pornography
- Use any Song or Content in a libelous, defamatory, fraudulent, infringing or otherwise illegal manner
- Use any Song or Content to promote a business that sells or licenses Songs, or otherwise competes with WILDFLOWER in any manner
- Ship, transfer or export any of the Songs or Content into any country or use any of the Songs in any manner prohibited by any export laws, restrictions or regulations.
ENFORCEMENT AND INDEMNIFICATION
WILDFLOWER will pursue all necessary legal action and will seek all available financial compensation and damages (including statutory copyright damages up to $150,000 per item) should WILDFLOWER be notified or otherwise discover any infringement or wrongful use of any Song or Content.
You will indemnify WILDFLOWER, its members, its affiliates and licensors against any and all losses, expenses, costs or damages incurred by any or all of them as a result of your breach of these Terms or your unauthorized use of the Songs, Content or related rights.
COMMITMENT TO YOUR PRIVACY
Your privacy on the Internet is of the utmost importance to us. At WILDFLOWER, we want to make your experience online satisfying and safe.
Because we gather certain types of information about our users, we feel you should fully understand the terms and conditions surrounding the capture and use of that information. This privacy statement discloses what information we gather and how we use it.
INFORMATION WILDFLOWER GATHERS AND TRACKS
WILDFLOWER gathers two types of information about users:
- Information that users provide through optional, voluntary submissions. These are voluntary submissions to receive our electronic newsletters, to participate in our message boards, blogs, or forums, to email a friend, and from participation in polls and surveys.
- Information WILDFLOWER gathers through aggregated tracking information derived mainly by tallying page views throughout our sites. This information allows us to better tailor our content to readers’ needs and to help our advertisers and sponsors better understand the demographics of our audience. Because WILDFLOWER derives revenue from sponsorships and advertising, providing such aggregated demographic data is essential. Under no circumstances does WILDFLOWER divulge any information about an individual user to a third party.
WILDFLOWER Gathers User Information In The Following Processes:
Optional Voluntary Information
We offer the following free services, which require some type of voluntary submission of personal information by users:
- Electronic newsletters
We will offer a free electronic newsletter to users. WILDFLOWER gathers the email addresses of users who voluntarily subscribe. Users may remove themselves from this mailing list by following the link provided in every newsletter that points users to the subscription management page. Users can also subscribe to the newsletters at the time of registration.
- Message boards/forums/blogs
Users of the site’s Blogs, Message Boards, and Forums must register separately for these services (both are free of charge) in order to post messages, although they needn’t register to visit the site. During registration the user is required to supply a username, password, and email address.
- “E-mail this to a friend” Service
Our site users can choose to electronically forward a link, page, or documents to someone else by clicking “e-mail this to a friend.” The user must provide their email address, as well as that of the recipient. This information is used only in the case of transmission errors and, of course, to let the recipient know who sent the email. The information is not used for any other purpose.
We may offer interactive polls to users so they can easily share their opinions with other users and see what our audience thinks about important issues. Opinions or other responses to polls are aggregated and are not identifiable to any particular user. WILDFLOWER may use a system to “tag” users after they have voted, so they can vote only once on a particular question. This tag is not correlated with information about individual users.
WILDFLOWER may occasionally conduct user surveys to better target our content to our audience. We sometimes share the aggregated demographic information in these surveys with our sponsors, advertisers and partners. We never share any of this information about specific individuals with any third party.
Consistent with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requesting parental consent.
WILDFLOWER tracks user traffic patterns throughout all of our sites. However, we do not correlate this information with data about individual users. WILDFLOWER does break down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser).
WILDFLOWER sometimes tracks and catalogs the search terms that a user enters in our Search function, but this tracking is never associated with individual users. We use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you.
USE OF INFORMATION
WILDFLOWER uses any information voluntarily given by our users to enhance their experience in our network of sites, whether to provide interactive or personalized elements on the sites or to better prepare future content based on the interests of our users.
As stated above, we use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, message boards, and forums. We send out newsletters to subscribers on a regular schedule (depending on the newsletter), and occasionally send out special editions when we think subscribers might be particularly interested in something we are doing. WILDFLOWER does not share newsletter mailing lists with third parties, including advertisers, sponsors or partners.
When we use tracking information to determine which areas of our sites users like and don’t like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps us continue to build a better service for you. We track search terms entered in Search function as one of many measures of what interests our users. But we don’t track which terms a particular user enters.
WILDFLOWER creates aggregate reports on user demographics and traffic patterns for advertisers, sponsors and partners. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their needs. Because we don’t track the usage patterns of individual users, an advertiser or sponsor will never know that a specific user clicked their ad. We will not disclose any information about any individual user except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
SHARING OF THE INFORMATION
WILDFLOWER uses the above-described information to tailor our content to suit your needs and help our advertisers better understand our audience’s demographics. This is essential to keeping our service free. We will not share information about individual users with any third party, except to comply with applicable law or valid legal process or to protect the personal safety of our users or the public.
WILDFLOWER operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary and only authorized individuals have access to the information provided by our customers.
We give users options wherever necessary and practical. Such choices include:
- Opting not to register to receive our electronic newsletters.
- Opting not to participate in certain interactive areas, which completely alleviates the need to gather any personally identifiable information from our users
LICENSING/DISCLOSURE TO SATISFY THE LAW
WILDFLOWER reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion. In order to fulfill licensing transactions or provide service to you as a customer of WILDFLOWER, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to WILDFLOWER, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to WILDFLOWER, our members, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country. We use standard commercial practices for keeping such data confidential, but there is no guarantee that such practices will prevent the disclosure or further distribution of such data beyond WILDFLOWER.
THIS WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” AND WILDFLOWER EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. WILDFLOWER MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WILDFLOWER NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE.
Except as specifically stated in these Terms or elsewhere on this website, or as otherwise required by applicable law, neither WILDFLOWER nor its members, employees, licensors, content providers, affiliates, agents or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content or Songs whether or not we have been advised of the possibility of such damages.
There may be links to other websites from the WILDFLOWER website; however, these other websites are not controlled by WILDFLOWER and we are not responsible for any content contained on any such website or any loss suffered by you in connection with your use of such websites. You waive any and all claims against WILDFLOWER regarding the inclusion of links to outside websites or your use of those websites.
Some U.S. states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Governing Law and Venue
These Terms will be interpreted, construed and governed by the laws of the State of New Jersey, without reference to its laws relating to conflict of laws and not including the provisions of the United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under these Terms will lie exclusively in state or federal courts of located in New Jersey and each party agrees not to contest the personal jurisdiction or venue of these courts. Notwithstanding the foregoing, however, you agree that WILDFLOWER will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of WILDFLOWER, such action is necessary or desirable.
Keep Your Wits About You…
Never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any forum or user-generated content area. Information obtained in a forum may not be reliable. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any decisions made based on such information. Please keep in mind that whenever you give out personal information online— for example, via message boards or chat— that information can be collected and used by people you don’t know. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
Please also exercise discretion while browsing the Internet. You should be aware that when you are on our website, you could be directed to other sites that are beyond our control. There are links to other sites from our website pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the website. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding agreement. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers may send cookies to users that we do not control. We reserve the right to disable links from any third party sites at any time.
Subscribing to Forums
“Forum” means a chat area, message board, blog, or e-mail function offered by WILDFLOWER. By subscribing to or utilizing our Forums, you agree to the following:
- All authors are solely responsible for, and indemnify and hold harmless WILDFLOWER from, the content of their messages or postings.
- If you post a message in a Forum, you grant WILDFLOWER and other Forum participants the nonexclusive, perpetual right and license to display, copy, reproduce, modify, adapt, translate, creative derivative works from, publish, distribute, transmit, print and use such information or other material without remuneration of any kind, or incorporate such materials into any form, medium, or technology now known or later developed anywhere. In addition, you warrant that all so-called moral rights in those materials have been waived.
- WILDFLOWER accepts no responsibility for the opinions and information posted on its website or email lists or Forums by any parties except the authorized postings of WILDFLOWER itself.
- The email listserv program and/or Forum posting lists messages to all current subscribers with no editorial review by WILDFLOWER; WILDFLOWER does not verify the accuracy of submitted messages nor does it endorse the opinions expressed by message authors.
- In the event an inappropriate posting or person abusing the Forums/email lists is brought to WILDFLOWER’s attention, WILDFLOWER will take the action that it deems appropriate in its sole discretion. WILDFLOWER reserves the right to terminate access at any time and/or to discontinue these services. If you do not agree to these guidelines, do not click through to utilize or post to WILDFLOWER’s listings or Forums.
- You must not:
- defame, abuse, harass or threaten others;
- make any bigoted, hateful or racially offensive statements;
- advocate illegal activity or discuss illegal activities with the intent to commit them;
- post or distribute any material that infringes and/or violates any right of a third party or any law;
- post or distribute any vulgar, obscene, discourteous or indecent language or images;
- advertise or sell to, or solicit others;
- use the Forum for commercial purposes of any kind;
- post or distribute any software or other materials which contain a virus or other harmful component; or
- post material or make statements that do not generally pertain to the designated topic or theme of any chat room or bulletin board.
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of our websites and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. Your access to any and all of our websites may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms.
COMPLAINTS REGARDING CONTENT POSTED ON THE WILDFLOWER WEBSITE
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
CLAIMS REGARDING COPYRIGHT INFRINGEMENT
Notice of Copyright Infringement
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), WILDFLOWER has implemented procedures for receiving written notification of claimed infringements. WILDFLOWER has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please submit your notice to WILDFLOWER Copyright Agent as follows:
By E-mail at:
By Mail at:
Wildflower Music, LLC
ATTN: Copyright Agent
P.O. Box 425
Flanders, NJ 07836
If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You may complete the Counter-Notice Regarding Claim of Copyright Infringement form, or otherwise provide a written communication which contains:
- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your name and telephone number, and a statement that you consent to the jurisdiction of the Federal District court (i) in the judicial district where your address is located if the address is in the United States, or (ii) located in the District of New Jersey, if your address is located outside the United States, and that you will accept service of process from the Complainant submitting the notice or his/her authorized agent.
Please submit your Counter-Notice to WILDFLOWER Copyright Agent via email or mail to the addresses specified above.
CLAIMS REGARDING CONTENT AND INTELLECTUAL PROPERTY VIOLATIONS (OTHER THAN COPYRIGHT INFRINGEMENT)
To notify WILDFLOWER that you in good faith believe that content (“Specified Content”) posted by a User on our website infringes your intellectual property rights (other than copyright — in which case please see Claims Regarding Copyright Infringement) or is inaccurate or unlawful, you may complete the Notice of Content and Intellectual Property Violations form and submit it to WILDFLOWER’s Content Complaint Manager via email or mail as specified below. Any assertions made by you in submitting this form are under penalty of perjury.
WILDFLOWER’s Content Complaint Manager can be reached as follows:
By E-mail at:
By Mail at:
Wildflower Music, LLC
ATTN: Content Complaint Manager
P.O. Box 425
Flanders, NJ 07836
If you believe the Notice Of Content and Intellectual Property Violations was submitted in error, or if you contest the removal of the allegedly infringing, inaccurate or unlawful content, you may complete a Counter-Notice Regarding Claim of Content and Intellectual Property Violations form and submit it to WILDFLOWER’s Content Complaint Manager by either email or mail at the addresses specified above. Any assertions made by you in submitting this form are under penalty of perjury. WILDFLOWER will process the Counter-Notice in accordance with its policies and procedures which remain in our sole discretion.