These Terms of Service are effective as of, and were last updated on, August 25, 2019.
Welcome to our website located at www.recordingacademy.com, www.grammy.com, and www.musicares.org (the "Site"). The Site is provided by National Academy of Recording Arts & Sciences, Inc. ("we," "us," "our," “Company,” or “Recording Academy”). It allows each user or visitor (“user”, “you” or “your”) to visit the Site and participate in interactive features that we may make available from time to time (“Service”). We prepared this National Academy of Recording Arts & Sciences Terms of Service (this "Agreement") to help explain the terms that apply to your use of the Site.
1. Legal Terms; Consent
If you do not agree to this Agreement, please do not access or use any part of the Site, do not use the Service, and do not contact our employees or representatives.
2. Important Notice
THESE TERMS OF SERVICE CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION “DISPUTE RESOLUTION” BELOW (AND SUBJECT TO THE EXCEPTIONS SET FORTH THEREIN), REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.
3. Updates to this Agreement
We may modify this Agreement from time to time. We will notify you of material changes to this Agreement by posting the amended terms on the Site at least thirty (30) days before the effective date of the changes.
If you do not agree with the proposed changes, you should discontinue your use of the Site or Service. If you continue using the Site or Service after the new terms take effect, you will be bound by the modified Agreement.
5. Affirmative Representations Regarding Your Use of the Site or Service
When you use the Site or Service, you represent that:
6. Member Accounts and Registration
Certain areas of the Site may only be accessed by Members of the Recording Academy in good standing.
6.1 Member Applications
Membership in the Recording Academy is limited to individuals who are creative and technical professionals in the recording industry, or students who desire to work in the recording industry following graduation, and is granted in the Recording Academy’s sole discretion. The process is described at https://www.recordingacademy.com/membership/join. The process is different for students and for professionals. In both cases, if you choose to submit an application to become a Member of the Recording Academy, you agree:
In addition, you represent that you have not accepted or agreed to accept any consideration for your votes in all Recording Academy matters, as applicable. All submissions are subject to approval and acceptance by the Recording Academy.
6.2 Member Accounts
If the Recording Academy accepts your submission, you will be required to create a user I.D. and password that will be associated with your Member account. You may not:
We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion. You will be responsible for maintaining the confidentiality of your user I.D. and password. As part of your Member account, you will be able to create a user profile, and, depending on your account settings, link to audio, video and other content, and upload photographs. Access to the restricted areas of the Site can be withheld, suspended, delayed or terminated by the Recording Academy at any time if it determines that doing so is in the best interests of the Recording Academy, as determined in its sole and absolute discretion.
7. Our Right to Manage the Site and Service
We reserve the right, but do not undertake the obligation to:
We will not be liable if, for any reason, all or any part of the Site or Service is unavailable at any time or for any length of time.
8. Rules Governing User Contributions; Prohibited Activities
8.1 User Contributions
8.2 Prohibited Activities
In addition to the obligations described in the Subsection immediately above, you agree that, in connection with your use of the Site or Service, you will not:
8.3 Social Media Guidelines
If you access or use any of our social media pages (e.g., Facebook) or other areas of our Site or Service that allow Users or Members to upload contributions, we ask you to follow the following guidelines when making Contributions:
We reserve the right to remove Contributions posted on our social media pages that violate these social media guidelines.
8.4 Additional Terms Applicable to the GRAMMY Awards Balloting Process
Additional terms will apply to Contributions you submit on or through the Site or Service in connection with releases that have been accepted as official entries in the GRAMMY Awards balloting process. These additional terms are located at https://www.recordingacademy.com/voting-and-solicitation-guidelines.
9. Rights in Contributions
9.1 Ownership of Contributions
We do not claim any ownership rights in the Contributions that you post on or through the Site or Service. After posting your Contributions on the Site or Service, you continue to retain any rights you may have in your Contributions, including any intellectual property rights or other proprietary rights associated with your Contributions, subject to the license you grant to us below.
9.2 Grant of License to Us
We need a license from you so that we can use your Contributions on the Site or Service or elsewhere. By making a Contribution to the Site or Service, you grant us a perpetual, non-exclusive (meaning you are free to license your Contribution to anyone else in addition to us), fully-paid, royalty-free (meaning that we are not required to pay you to use your Contribution), sublicensable (so that we can use affiliates, subcontractors and other partners such as wireless carriers and hosted service providers to make the Site or Service available to you) and worldwide (because the Internet and the Site or Service are global in reach) license to use, modify, create derivative works of, publicly perform, publicly display, reproduce and distribute the Contribution in connection with the Site or Service, our business or the promotion thereof in any media formats and through any media channels now known or hereafter devised. This license does not grant us the right to sell your Contributions. If you remove your Contributions from the Site or Service, we will cease use of your Contributions as soon as practicable; however, you understand and agree that we may retain archived copies of your Contributions.
10. Our Intellectual Property Rights
10.1 Ownership Rights
For the purpose of this Agreement, “Content” means the text, document, information, data, articles, images, photographs, graphics, designs, logos, video recordings, audio recordings, sounds, and other materials. Except for your Contributions and the Contributions of other Users of the Site and Service, all Content on the Site or Service and the trademarks, service marks, and logos contained on the Site or Service, (collectively “Materials”) are owned by us, or licensed to us by our licensors. The Recording Academy and its licensors own all right, title and interest, including all related US and foreign copyright, trademark, patent, trade secrets, and other intellectual property or proprietary rights in the Site, Service, and Materials, and these rights are protected by United States and foreign laws and international conventions. We reserve all rights not expressly granted in and to the Site, Service and Materials.
The Site, Service and the Materials are for your information and personal use only and not for commercial exploitation.
If you download or print a copy of the Materials for your own personal use, you must retain all trademark, copyright and other proprietary notices contained in and on the Materials.
10.2 Prohibited Uses
Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access and use the Site, and Service only for your personal use and not for any commercial purpose.
12. Our Right to Terminate Users
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
13. Your Interaction with Other Users
You are solely responsible for your interactions with other users of the Site or Service. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. Please choose carefully the information you post on the Site or through the Service and that you give to other users of the Site. We urge you not to post publicly on the Site or through the Service your full name, telephone numbers and street addresses.
Information posted to the Site or through the Service by other users or Members may be offensive, harmful or inaccurate, and in some cases may be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Site. We expect that you will use caution and common sense when using the Site or the Service.
14. Term; Survival
This Agreement shall remain in full force and effect while you use the Site or Service. You may terminate your use or participation at any time, for any reason, by ceasing to use the Site or Service. We may also, in our sole discretion, limit, suspend, or terminate the Site or Service or prohibit access to it.
Even after you cease using the Site or Service or following termination, the provisions of this Agreement set forth in Sections Grant of License to Us, Our Intellectual Property Rights, Warranty Disclaimers, Limitation of Liability, and Indemnity, will remain in effect.
15. Copyright Policy
As an organization of creators, the Recording Academy considers the protection of copyright of utmost importance. In addition to following the provisions of the DMCA, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or Materials available on the Site or through the Service infringe upon your copyrights, you may submit a notification pursuant to our Digital Millennium Copyright Act Policy https://www.recordingacademy.com/digital-millenium-copyright-act-notice.
16. Third Party Sites
17. Legal Disputes and Arbitration Agreement
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
17.1 Initial Dispute Resolution
We are available by phone at 310-392-3777 (please request Business Affairs) or email at email@example.com to address any concerns you may have regarding your use of the Site. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
17.2 Agreement to Binding Arbitration
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the Subsection immediately above, then either party may initiate binding arbitration. All claims arising out of or relating to this agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Site shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement, including, but not limited to any claim that all or any part of this agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of this agreement shall be subject to the Federal Arbitration Act.
The AAA’s rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. A request for payment of fees should be submitted to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
17.3 Class Action and Class Arbitration Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in the Subsection immediately above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
17.4 Exception; Small Claims Court Claims
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
17.5 30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in this Section “Legal Disputes and Arbitration Agreement” by sending written notice of your decision to opt-out to the following address: firstname.lastname@example.org or by fax to 310-581-8795. The notice must be sent within thirty (30) days of accessing the Site or registering to use the Site, otherwise you shall be bound to arbitrate disputes in accordance with the terms of this Section “Legal Disputes and Arbitration Agreement”. If you opt-out of these arbitration provisions, we also will not be bound by them.
17.6 Exclusive Venue for Litigation
To the extent that the arbitration provisions set forth in this Section “Legal Disputes and Arbitration Agreement” do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Los Angeles, California (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Los Angeles, California for any litigation other than small claims court actions.
17.7 Applicable Law
You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern this agreement and any claim or dispute that has arisen or may arise between you and the Recording Academy.
18. Warranty Disclaimer; Limitation on Liability
18.1 Disclaimer of Warranties
ALL CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SITE, WE DO NOT REPRESENT OR IMPLY THAT WE ENDORSE ANY CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS AVAILABLE ON THE SITE, OR LINKED TO BY THE SITE, INCLUDING WITHOUT LIMITATION, MATERIALS HOSTED ON THIRD PARTY SITE, OR THAT WE BELIEVE CONTRIBUTIONS OR ANY OTHER MATERIALS OR ITEMS TO BE ACCURATE, USEFUL OR NON-HARMFUL. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. YOU AGREE THAT YOUR USE OF THE SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED IN CONNECTION WITH THE SITE, AND YOUR USE THEREOF.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE MATERIALS OR THE CONTENT OF ANY SITE LINKED TO THE SITE, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS PUBLISHED ON THE SITE OR LINKED TO BY THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
18.2. Limited Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50.
18.3 Exceptions to Disclaimers and Liability Limitations
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN THE SUBSECTIONS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold us, our subsidiaries, affiliates, and licensors and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, Service, or Materials in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
20. Limitation on Time to File a Claim
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, OR RELATING TO THIS AGREEMENT, THE SITE, SERVICE, MATERIALS, OR ANY ITEM OR INFORMATION OBTAINED THROUGH THE SITE OR SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
21. Users Located Out of the United States
Access to the Site or Service by certain persons or in certain countries may not be legal. If you access the Site or Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
22. Force Majeure
Company will not be held liable for any delay or failure in performance due in whole or in part to any acts of nature, forces, or causes beyond its reasonable control.
23. Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
24. Independent Contractors
Nothing in this Agreement shall be deemed to create an agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship of any kind between us and any user.
25. No Third Party Beneficiaries
This Agreement is between you and us. There are no third-party beneficiaries to this Agreement.
26. Section Titles
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of the applicable right or provision.
This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights under this Agreement without your approval.
30. No Modifications by Our Employees
If any of our employees offer to modify the terms of this Agreement, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.
31. Contact Information
If you have any questions about this Agreement or your account, you may:
Send an email to: BANotice@grammy.com
Send postal Mail to:
National Academy of Recording Arts & Sciences, Inc.
3030 Olympic Blvd.
Santa Monica, CA 90404