Introduction
a. Please read the following Terms of Use (“Terms of Use,” “Terms,” or “Agreement”) carefully. By accessing or using any of the pages or content located on Tubidy MP3.com (the “Site”), you (“you” or “User”) indicate that you understand and agree to the Terms of Use.b. The Terms of Use include all other Site policies, such as the Privacy Policy, which may be found on separate pages on the Site. A list of links to our Site policies can be found here. By agreeing to the Terms of Use, you indicate that you understand and agree to all Site policies.
About the Site
a. Tubidy MP3 (the “TubidyMP3,” “FMA,” “we,” “us,” or “our”) is an online library of audio and video content that the public, including music fans, webcasters, and podcasters, may listen to, download, or stream for free. Tubidy MP3 is a project of TubidyMP3, whose mission is to distribute multimedia content for free over the Internet. TubidyMP3 includes content other curators of audio and visual media, including non-commercial and individuals.b. Content on the Site (“Content”) includes, but is not limited to, written comments, descriptions, reviews, ratings, audio and/or video files, images, scripts, and designs. Content includes, but is not limited to, Member-Generated Content and Site Content (as those terms are defined below) and Curator Content (as that term is defined in the Curator and Uploading Policy.
c. Users include but are not limited to persons who visit the Site or access its Content in any manner, persons who contribute, post, and upload Content of any kind to the Site, and persons who maintain, moderate, or edit Content.
Categories of Use. This Agreement addresses four main categories of use.
a. First, Tubidy MP3 allows you to listen to, download, and search for audio and/or video files hosted on the Internet. You may incorporate some of the audio and/or video files into podcasts, webcasts, and other multimedia works, subject to the specific licensing terms that govern each audio and/or video file as explained in and linked from Section [11] below.b. Second, as a registered member (a “Member”), you may post written comments, flag comments, rate songs and albums, and create playlists of audio and/or video files hosted on the Site (“Member-Generated Content,” described and defined more fully in Section [8] below). A Member who wishes to become an editor with the privileges of writing reviews, editing song/album/artist information, and accessing and sorting flagged comments (an “Editor”), must obtain the approval of the relevant Curator (as defined below below).
c. Third, a Curator (“Curator”) or Contributor (“Contributor”) may upload or delete content such as audio and/or video files, written descriptions, and images of album covers to or from their portals on the Site and may submit content to the Tubidy MP3 blog (“Curator Content”). Within their portals, Curators may maintain artist pages, moderate and delete User postings, control User options such as images and designs, ban Members, and manage and approve Contributors, Contributing Artists, and Editors. We approve Curators at our sole discretion.
d. Fourth, a contributing artist (“Contributing Artist”) may upload to the Site any audio and/or video files in which the Contributing Artist owns all necessary rights (including but not limited to rights in sound recordings and musical compositions embodied in such audio and/or video files). The Contributing Artist must receive an invitation from a Curator to establish a Contributing Artist account, after which the Contributing Artist may upload content to the Contributing Artist’s page, within the Curator’s portal.
Eligibility
a. To use Tubidy MP3, you must be at least thirteen (13) years old and must either be able to form legally binding contracts in your jurisdiction or have legal parental or guardian consent to enter into, agree to, and abide by these Terms of Use.Restrictions on Use.
a. TubidyMP3 strives to be a clean, safe, friendly, and legal site. In visiting, accessing, or using the Site, you agree to abide by the following rules of conduct.a. You will not falsely assume the identities of other Users or other rights-holders (such as artists or composers) on the Site.
b. You will not harass, threaten, or defraud other Users or rights-holders online or offline. You will not transmit content that is illegal, defamatory, libelous, obscene, pornographic, threatening, invasive of privacy, injurious, or that may otherwise infringe on the ability of other Users to enjoy the Site. You will not post inflammatory content with the sole intention of provoking other Users.
c. You will not post spam, junk mail, or chain letters on the Site. You will not post advertisements on the comment boards of other Users’ profiles.
d. You will not provide direct links (deep links) on other websites to specific audio and/or video files (such as mp3 files) that are hosted on the Free Music Archive.
e. You will not attack the Site with automated requests or attempt to data mine the Site. You will not attempt to gain unauthorized access to the Site or other User accounts by hacking, password mining, or other means. You will not attempt to compromise the Site’s integrity in any way.
f. Any content that you upload or contribute to the Site and any behavior in relation to the Site shall not compromise the security or functionality of the Site or of other computers. You will not post malicious files or files that will install any software or scripts on a User’s computer without the User’s consent and full knowledge.
g. You will not use the Site or Content hosted on the Site in any way that violates the Terms of Use.
Downloading Policy
a. The page for each song or album available via the Site will indicate the type of license that applies to that song, album, or other audio and/or video file. You are responsible for reviewing and understanding the license. Relevant license provisions are linked from the page of each audio and/or video file or album, and licenses are also explained in or linked from Section [11] of the Terms of Use.b. You agree to comply with all license provisions relating to Content that you download or access from Tubidy MP3.
Posting Reviews, Comments, and Playlists
a. Member-Generated Content includes Members’ written comments, ratings, descriptions, and playlists, which Members may post on the Site.b. As a Member posting Member-Generated Content:
- You agree that your avatar and Member name may be displayed next to any Member-Generated Content that you post.
- You agree that you own or control all necessary rights in and to comments that you post on the Site and that you are not infringing other people’s rights by posting such comments on the Site.
c. Licensing
- As a Member, you agree that all Users of the Site may access, quote, or reproduce your Member-Generated Content in connection with their use of the Site. For all other uses beyond the Site, you agree that all Member-Generated Content that you post or upload to the Site will be subject to the Creative Commons Attribution-Noncommercial-Share Alike 3.0 License, unless otherwise noted.
- Members may flag any or all comments that they consider inappropriate. Flagged comments may be monitored by Editors and may be removed by Curators at their discretion. Tubidy MP3 reserves the right to remove any comments that violate the Terms of Use.
- Tubidy MP3 may display summaries of Members’ ratings of songs and albums, their favorites, and tracks that they have listened to. These summaries and Member-Generated Content are viewable to the public and may remain available to the public for an indefinite period of time at the discretion of the relevant Curator, Editor, or Tubidy MP3.
User Conduct
a. Tubidy MP3 encourages all Users to be courteous and respectful in their communications on the Site. Still, Content found on the Site may represent a wide range of views and may be inaccurate, offensive, or inappropriate to different people. Tubidy MP3 neither endorses nor takes responsibility for content generated by Users. Tubidy MP3 will not be liable for monitoring such content.b. Tubidy MP3 reserves the right to delete, disable, or remove any content that we consider inappropriate or violates this Agreement, at our sole discretion, without notice or liability.
Site Content
a. Definition. Site Content (“Site Content”) refers to any text, images, trademarks, service marks, logos, graphics, page layouts, or other material or content that is created, uploaded, owned, or maintained directly by the owners or administrators of Tubidy MP3. Site Content includes, but is not limited to "Tubidy MP3", Tubidy MP3.to, and other service marks, logos, and graphics representing the Site.b. Intellectual Property. All Site Content is the property of the Tubidy MP3 and is protected by copyright, trademark, and other intellectual property laws. Unless otherwise noted, all Site Content is licensed under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 license.
c. Links to the Site. You may create a hyperlink to the Site as long as the link does not portray Tubidy MP3 and its affiliates in a false, misleading, or offensive manner.
d. Links to Independent Websites. Tubidy MP3 pages may display links to independent, third-party websites (“Third Party Sites”). We neither control nor endorse Third Party Sites. You agree that we are not responsible for the content of Third Party Sites, or for any harm that arises from or relates to Third Party Sites.
License Provisions
a. All audio and video files available for download from Tubidy MP3 are subject to one of the following license categories: (1) Creative Commons; (2) Public Domain; or (3) a customized license. The particular license that is applicable to each file will be displayed on the file’s song page. You should follow the links from the song page to make sure that you understand and are complying with the license provisions for each file that you download.Intellectual Property.
a. Copyright. You agree to comply with the laws of your local jurisdiction.b. Trademarks. All trademarks, logos, or other proprietary information (including images, text, and page layouts) displayed on the Site are protected by the trademark law. You will not frame or use any trademarks, logos, or other proprietary information of rights-holders in any way without their express written consent. You are granted no right or license with respect to these trademarks. Use of such trademarks in any manner that is likely to cause confusion or that disparages or discredits the trademark owner is strictly prohibited.
c. Copyright Infringement and Notification Policy. If you believe that your copyrighted works have been used in a way that constitutes copyright infringement, please follow the procedures in our Digital Millennium Copyright Act Policy in Section [13] below.
Digital Millennium Copyright Act Policy: Notice and Takedown Procedures.
a. Infringement Notification.- TubidyMP3’s Designated Agent to receive notification of alleged infringement is: complaints{{config('app.name')}}.to
- If you are a copyright owner and believe that your copyrighted works have been used in a way that constitutes copyright infringement, you may send a written notification (preferably by email) to the TubidyMP3’s Designated Agent listed above. Please identify the copyrighted work(s) and include your name, address, phone number, email address, and your physical or electronic signature. Also state that (1) you are the copyright owner or authorized to act on behalf of the copyright owner; and (2) you have a good faith belief that the use of the work is not authorized by the copyright owner, its agent, or the law.
- We will respond to clear and valid notices of alleged infringement by removing or disabling access to the allegedly infringing content, regardless of whether we are liable for such infringement.
b. Please note that you may be liable for damages (including costs and legal fees) if you materially misrepresent that content is infringing your copyrights. Contact an attorney if you are not sure whether the content is infringing.
c. Counter-notification.
- Pursuant to Section 512(g)(2)(A) of the DMCA, we will take reasonable steps to notify you when we remove or disable the content that you posted that allegedly infringes copyright
- If you are a User who believes your content was mistakenly removed or disabled, you may send our Designated Agent (see above) a counter-notification. In your counter-notification, please identify the work and its location on the Site before it was removed or disabled, and include your name, address, phone number, and your physical or electronic signature. Also state that you have a good faith belief that the content was mistakenly removed or disabled.
d. Repeat Infringers.
- In accordance with Section 512(i)(1)(A) of the DMCA, we will, in appropriate circumstances, disable and/or terminate the accounts of Users who are repeat infringers.