Arbitration Notice and Class Action Waiver: You agree that disputes between you and us will be resolved by binding, individual arbitration and that you waive your right to participate in a class or collective action lawsuit, or class or collective arbitration.

This website has been developed as a service of Dust-to-Digital, Inc. and Dust-to-Digital Foundation, Inc. (collectively, "DTD"). By accessing and using the Website located at www.dust-digital.com (the "Website"), you agree to be bound by the Terms of Use (hereinafter, the "Terms" or "Agreement") in effect at the time of each such access or other use. You also acknowledge that DTD may, from time to time, in its sole discretion and without notification to you, change these Terms. You should review the Terms each time you visit or use the Website. If you do not agree to these Terms, do not use the Website. As used in these Terms of Use, "we" and "our" includes DTD, its subsidiaries, affiliates, and any third-party vendors we hire to assist in the administration of the Website, the collection, cataloging and/or analysis of data, and/or the processing or handling of any visitor transactions.

If you are accessing or using the Website on behalf of a business or entity, then (a) "you" and "your" includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Website, as well as, for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.

DTD Website and Business

DTD hosts the Website to provide users access to information related to DTD's business operations and charitable activities. DTD's business operations may include, without limitation, the preservation, publishing, and distribution of historically significant musical works, sound recordings, and video content; the production, publication, and distribution of original branded content such as podcasts, newsletters and live events; the curation and distribution of user-generated content; the sale of archival music and video releases, branded merchandise products, and third-party goods (the "Business"). The distribution of user-generated recordings, videos, and other content submitted via the "Submission" portal on the Website ("Content Submissions") shall at all times be subject to the terms and conditions set forth in the DTD Content Submission License Agreement in addition to these Terms.

License and Access to the Website

No person under the age of eighteen (18) is authorized to access or use this Website. User access to, and use of, the Website is subject to all applicable federal, state, and local laws and regulations. Use of this Website is void where prohibited. By using this Website, you represent and warrant that you are eighteen (18) years of age and that you have the right, authority, and capacity to enter into this Agreement and abide by the Terms.

DTD grants you a limited, non-transferable license to access and use the Website for noncommercial purposes only. Such limited license enables you to use the Website for informational purposes only. This license shall not include any resale of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DTD or our affiliates without our prior express written consent.

We make no guarantees regarding the availability of the Website. Furthermore, we reserve the right, within our sole discretion, to discontinue the Website. You agree that we will not be liable to you for any such discontinuance or modification of the Website. Any rights not expressly granted by these Terms are reserved by us.

You are under no obligation to use or continue to use the Website and may temporarily or permanently cease using the Website without notice to DTD. Any use of the Website, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Website or any portion thereof.

Click-Through Agreements

Before using certain areas of the Website, you may be asked to indicate your acceptance of additional special terms and conditions by clicking a button marked "I Accept," "I Agree," "Okay," "I Consent" or other words or actions that similarly acknowledge your consent or acceptance of a Click-Through Agreement. To the extent there is a conflict between these Terms and any Click-Through Agreement, the Click-Through Agreement will govern.

Content License From You

Any content that you submit, post, or display to or on the Website may be accessible or viewed by other visitors to the Website. You should only provide content that you are comfortable sharing with others as set forth in these Terms. Do not submit, post, or otherwise transmit via the Website information that is proprietary or confidential of third parties (whether by law or by contract) or that you otherwise do not have the legal right to use. We assume no obligation to protect confidential or proprietary information (other than those outlined in our Privacy Policy) from disclosure.

As between you and DTD, you may possess certain intellectual property rights you have under law in content that you may submit, display and/or post via the Website. This content, which includes, but is not limited to your comments, reviews, analysis, ideas, proposals, feedback, depictions, sound recordings, photographs, moving images and other data submitted in any form or medium, whether by emails, posting or otherwise, is considered "User Generated Content." Your use of the Website and your submission and/or posting of User Generated Content (other than Content Submissions) grants DTD, and its affiliates, successors, and assigns, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Generated Content (other than Content Submissions), without any obligation, notification, or compensation to you.

This license is granted to DTD with respect to the use of such User Generated Content (other than Content Submissions) in connection with the Website, and any other use determined by DTD in its sole and absolute discretion.

You agree and acknowledge that the license rights granted to DTD and its affiliates hereunder provide DTD with the absolute right and authority to use User Generated Contents (other than Content Submissions) for any purpose whatsoever, including, without limitation, the marketing, sale, syndication, and development of the Website and any successors thereto. This license includes the unrestricted right and authority for DTD to make the User Generated Content (other than Content Submissions) available to sublicense to other companies, organizations, or individuals for any of the aforementioned purposes, subject to these Terms. You reserve no rights with respect to such uses and to the extent that any "moral rights," "ancillary rights," or similar rights in or to the User Generated Content (other than Content Submissions) exists, you agree to waive any such rights as to DTD or licensees, agents, representatives, or other authorized users.

For the sake of clarity, the Content Submissions shall not be deemed User Generated Content for purposes of the license rights granted to DTD set forth hereinabove. All Content Submissions shall be subject to the DTD User Content License Agreement. In the event of any conflict between these Terms and DTD User Content License Agreement, the DTD User Content License Agreement shall govern for purposes of such conflict.

You agree and acknowledge that DTD and its affiliates may modify, adapt, reformat, and otherwise alter or make use of your User Generated Content (including the Content Submissions) in such manner as may be required to conform such User Generated Content to standards, protocols, formats, and requirements related to the Website and any medium by which they are accessible currently or prospectively. You agree and acknowledge that DTD and its affiliates are licensed to transmit or distribute the User Generated Content in all formats and mediums over various channels, platforms, and networks.

Your use of the Website and your submission and/or posting of User Generated Content (including the Content Submissions) confirms your representation and warranty that you possess all necessary legal rights, power and authority to grant to DTD the forgoing and applicable licenses and you further represent, warrant and agree that none of the User Generated Content (including the Content Submissions) will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements or materials.

Account Registration and Payments

In order to access or use certain portions of the Website, you may be required to register and create an account ("Account") with DTD. Information gathered through the registration process and any other information related to your Account will be subject to these Terms, as well as to our Privacy Policy. You represent and warrant that you are at least 18 years of age and that all information provided by you when creating your Account is true, accurate and complete and that you will maintain, at all times, true, accurate and complete information related to your Account. Information related to your Account should be maintained by you in a confidential manner, as you are solely responsible for the usage of your Account by any third parties with respect to the Website. It is your responsibility to advise us if you are aware of any unauthorized access to your Account or if your Account information has been made available by you to third parties in a manner that may result in unauthorized usage of the Account. In our sole and absolute discretion, we may terminate your Account for any reason (including for reasons related to unlawful or unauthorized usage) and we are under no obligation to retain a record of your Account or any data or information that you may have stored by means of the Account.

Any payments made via the Website will be processed and charged by the third party or company designated by DTD in accordance with the payment method that you select at the time of payment. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such payment and that you are either the holder of such card (i.e. that the card is issued in your name), or you are authorized to use the credit card by the holder.

Typographical Errors

In the event any product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, DTD shall have the right to refuse or cancel any orders placed at the incorrect price. DTD shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, DTD shall immediately coordinate the issuance of a credit to your credit card account in the amount of the charge.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. DTD reserves the right at any time after receipt of your order to accept or decline your order for any reason. All orders placed must obtain pre-approval with an acceptable method of payment, as established by our credit card processor(s). We may require additional verifications or information before accepting any order.

Restrictions on Your Use

All content within the Website and any Business-related materials made available on these pages for downloading, if any, are the property of DTD and/or its affiliates, or other third parties. The Website and portions of the Website are protected by copyright and trademark laws. This Agreement does not grant any license to modify or alter the materials on the Website that are viewed, downloaded, or otherwise accessed by you. You shall keep intact all proprietary notices, including copyright notices, contained on any downloadable materials. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of the Website.

To the extent applicable, when accessing the Website, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to certain information provided at, or contained in, the Website. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Website. All forms of indirect and 'spoofed' access are strictly prohibited.

Intellectual Property Ownership

All intellectual property rights associated with the Website, including, without limitation, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights, and patents ("Intellectual Property") are the sole property of DTD, or third parties. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any way without the express written consent of DTD or the appropriate third party, as applicable. Except as provided herein, DTD does not grant to you any express or implied rights to the Intellectual Property.

Privacy Policy

Any personal information or other information about you collected by DTD through, or in connection with, this Website is subject to our Privacy Policy. The DTD Privacy Policy is incorporated into the terms of this Agreement by this reference. As indicated in these Terms, this Website is designed for adults of legal age (18 years and over). For questions about our online privacy policy for children please refer to the Privacy Policy.

Links

This Website may provide or include links to other third-party websites and social media platforms (all links to third-party websites and social medial platforms are collectively referred to herein as "Linked Sites"). While DTD attempts to provide links only to third-party websites that comply with all applicable laws and regulations and DTD standards, please understand that the content on these third-party websites is subject to change without notice to DTD. Linked Sites are provided only for your convenience. If you decide to visit any Linked Site, you do so at your own risk. Because we have no control over such sites and resources, you acknowledge and agree that DTD is not responsible for the availability of such external sites, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that DTD shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or sites available on or through any such site or resource. Links do not imply that we sponsor, endorse, are affiliated with or associated with, or are legally authorized to use any trademark, trade name, service mark, design, logo, symbol, or other copyrighted materials displayed on or accessible through such Linked Site.

DTD prohibits caching of any portion of the Website and any unauthorized hypertext links to the Website. We reserve the right to disable any unauthorized links or frames. If you desire to provide a hyperlink from your website to the Website, you must contact DTD to discuss mutually agreeable terms for such hyperlink.

Geographic Restrictions

The owner of this Website is based in Atlanta, Georgia. We provide this Website for use by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so on your own initiative and are so responsible for compliance with local laws.

Exclusion of Warranty

Any use of the Website, any reliance upon any of the information contained therein, and any use of the Internet generally shall be at your sole risk. DTD disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information accessible by use of the Website.

DTD makes no warranty of any kind regarding the website and/or any materials provided on the website, all of which are provided on an "as is" and "as available" basis. DTD does not warrant the accuracy, completeness, currency, or reliability of any of the content or data found on the website and expressly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. DTD does not warrant that the website, its servers, or any e-mail sent from it are free of viruses or other harmful components.

Neither DTD, nor its affiliates, makes any representations, warranties, or guarantees regarding (1) the operation or performance of the website or services, or (2) the internet generally.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction and that may not be limited by these terms. Provided, however, you agree and acknowledge that to the extent permissible under applicable law, you waive any such statutory rights with respect to implied warranties.

Limitation of Liability

DTD assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the website or your downloading of any materials, data, text, images, video, or audio from the website. In no event shall DTD be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the website or content found therein..

Copyright Infringement Notification

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright Law. If you believe in good faith that materials or content available on the Website infringe your copyright, you (or your agent) should send us a notice requesting that we remove such materials or content, or block access to it. If you believe in good faith that someone has wrongly submitted a notice to us under this paragraph, then you should send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details.

If you believe that your work has been improperly copied and posted on the Website, then please provide us with the following information: (1) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his or her behalf; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located within the Website; (4) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (5) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. These requirements must be followed to give us legally sufficient notice of infringement.

Notices and counter-notices should be sent to: [Contact Information to be provided]

DMCA details are available at http://www.copyright.gov/onlinesp/

We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

Electronic Communications

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.

Jurisdictional Issues

Although this Website is accessible worldwide, not all information, products or services discussed or referenced herein are available to all persons or in all geographic locations. This Website is controlled and operated by DTD from its offices within Atlanta, Georgia. DTD makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. You may not use this Website or export any of the materials or content contained herein in violation of any U.S. export laws or regulations.

Choice of Law, Arbitration Clause, and Class Action Waiver

These Terms shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of Georgia as applied to contracts made and to be performed entirely within Georgia, without giving effect to the state's conflicts of law statute.

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, "Disputes") in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, You and DTD agree (a) to waive your and DTD's respective rights to have any and all disputes arising from or related to these terms, or the services, resolved in a court, and (b) to waive your and DTD's respective rights to a jury trial. Instead, you and DTD agree to arbitrate Disputes through binding arbitration (which is the referral of a dispute to one or more persons charged with reviewing the dispute and making a final and binding determination to resolve it instead of having the dispute decided by a judge or jury in court) conducted by the American Arbitration Association ("AAA") under the arbitration rules in effect at the time the arbitration is initiated (the "AAA Rules") and under the rules set forth in these Terms. If there is a conflict between the AAA Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.

Unless the parties agree otherwise, the arbitration will be conducted in Atlanta, Georgia. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the AAA Rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Arbitration means that you waive your right to a jury trial. You agree that, by entering into these terms, you are waiving the right to a trial.

You and DTD agree that these Terms affect interstate commerce and that the enforceability of this Section shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the "FAA"), to the maximum extent permitted by applicable law.

You and DTD each agree to resolve any disputes on an individual basis and waive any right to pursue any disputes on a class or consolidated basis or in a representative capacity.

Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

Indemnity and Release

By using this Website, you agree to indemnify DTD and its subsidiaries, affiliates, successors, and assigns, and each of their respective officers, directors, managers, and employees (collectively, the "Indemnitees") and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your use of the Website or any violation of these Terms. By using the Website, you are hereby agreeing to release the Indemnitees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to your use of the Website.

Severability and Integration

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and DTD with respect to this Website and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and DTD with respect to this Website. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portion shall remain in full force and effect.

Changes to the Terms

We may periodically modify and supplement these Terms and the notice provided to you will be the updating of these Terms. You are responsible for regularly checking these Terms for revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent and agreement to the modified Terms.