(2) Intellectual Property. Higher Ground LLC (“Higher Ground”) is the sole and exclusive copyright owner of this Website and the “Soundbreaking” series and project (collectively, “Soundbreaking”) in all media throughout the world in perpetuity. This Website includes content owned by Higher Ground and content duly licensed by Higher Ground, which licenses are NOT sublicensable or assignable to Website visitors or users. You may link to the Website, but you may not embed any content from this Website on other sites or platforms or copy, download, reproduce, publish, distribute, or manipulate any content that is on this Website. SOUNDBREAKING is a registered trademark of Higher Ground. All other trademarks, service marks, and logos on the Website are the trademarks, service marks, and logos of their respective owners. You are not granted any rights to use any trademarks, service marks, or logos on this Website.
(3) DMCA. If you are a copyright owner or agent of a copyright owner and believe in good faith that content on this Website infringes your copyright, you may submit a notice in writing in accordance with the Digital Millennium Copyright Act as follows:
Submit your notice to:
Higher Ground LLC
1818 N Street, NW, Suite 800
Washington, D.C. 20036
Attention: Barbara Zadina, Chief Operating Officer
In order to be effective under the Digital Millennium Copyright Act, your notice must include all of the following:
(i) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work(s) claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(4) Third Party Links. The Website may include links to third party sites and/or services. You acknowledge that Higher Ground has no control over such third party sites and services, is not responsible for any such party sites or services or their availability, and does not endorse such third party sites or services.
(5) Disclaimer of Warranties. THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS OR MERCHANTABILITY FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT INFORMATION ON THIS WEBSITE IS COMPLETE OR ACCURATE OR THAT ACCESS TO THIS WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED, OR ERROR-FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING. HIGHER GROUND RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO CORRECT ANY ERRORS OR OMISSIONS ON THIS WEBSITE. ACCESS TO THIS WEBSITE MAY TERMINATE WITH OR WITHOUT NOTICE AT ANY TIME.
(6) Limitation of Liability. UNDER NO CIRCUMSTANCES WILL HIGHER GROUND BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER THAT MAY ARISE IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON THE WEBSITE, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
(7) Release & Indemnification. YOU HEREBY RELEASE AND WAIVE ANY AND ALL PAST, PRESENT, AND FUTURE CLAIMS AGAINST HIGHER GROUND, ITS SUCCESSORS, LICENSEES, AND ASSIGNS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND OTHER AGENTS AND REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “RELEASED PARTIES”) ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING IN CONNECTION WITH ANY THIRD PARTY SITES OR SERVICES REFERENCED ON THE WEBSITE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS AND LIABILITY OF ANY KIND, INCLUDING COSTS AND ATTORNEYS FEES, ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR ANY THIRD PARTY SITES OR SERVICES REFERENCED ON THE WEBSITE.