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Terms of Use

1. Acceptance of the Terms of Use (aka Terms of Service)

Welcome to The MIDI Manufacturers Association and The MIDI Association (a.k.a. “we” or “us” or the “Association”). We are excited to have you as a user and member of the community. The following terms and conditions (collectively, these “Terms of Service”) apply to your use of www.MIDI.org, including any content, functionality and services offered on or via MIDI.org (the “Website”). The Terms of Service also include our Privacy Policy.

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using MIDI.org, because by using the Website you accept and agree to be bound and abide by these Terms of Service.

By creating an account, logging into an account, or using account-based features of the Website, you also confirm that you are at least 18 years old and have the legal capacity to enter into these Terms of Service.

The Website, these Terms of Service, the Privacy Policy, and related account flows are provided in English. We do not provide localized versions of the Website, these Terms of Service, the Privacy Policy, or account flows for specific countries or regions. By using the Website, you agree to use the Website in its English-language form.

Should you disagree with some of the provisions herein, you can either leave the Website (although we’ll be sad to see you go!), or contact us using this form. The MIDI Association is all about improving our interaction with members and we’ll be happy to hear your comments and suggestions.

2. Changes to the Terms of Service and the Website

The MIDI Association is always a work in progress, meaning that a lot will change in the near future. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion. We will make sure to announce any major change in a prominent way, but since “major” is a very subjective concept, your continued use of the Website following the publishing of updated Terms of Service means that you accept and agree to the changes.

We may also ask you to review and accept updated Terms of Service, acknowledge the Privacy Policy, or make separate choices about optional communications when you register, log in, or use account-based features.

3. Accessing the Website, Security and Privacy

We are working hard on improving MIDI.org, but we can’t guarantee that the Website will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period, nor for any data loss (see also section 7 below).

To access certain features of the Website you have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using MIDI.org in person. There is a password-reset procedure in case you forget your password, but please notify us of any breach of security. We highly recommend that you choose a strong password and that you log out from your account at the end of every session.

MIDI.org users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on MIDI.org, or create an account for anyone other than yourself without permission.
  • If we disable your account, you will not create another one without our permission.
  • You will not use MIDI.org if you are under 18.
  • You will not create an account or use account-based features unless you are at least 18 years old.
  • You will keep your contact information accurate and up-to-date.
  • You will keep your account credentials confidential and will not allow another person to use your account.
  • You will use account controls, including available account deletion, data export, correction, and communication preference tools, only for your own account or an account you are authorized to manage.

It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You may be asked to provide registration details, account information, or consent choices, including separate choices about optional marketing communications. As is custom for Internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.

Marketing communications consent is separate from acceptance of these Terms of Service and separate from acknowledgement of the Privacy Policy. We may record consent choices for account administration, compliance, and audit purposes, including the date and time of consent, source IP address, consent language presented, and consent text version.

Account-based privacy controls, including available access, correction, export, deletion, and restriction tools, are handled through the authenticated account session. If you cannot access your account, you may need to restore account access before using those account-based privacy tools.

Members may initiate account deletion through their authenticated account session where that feature is available. Account deletion is subject to these Terms of Service and the Privacy Policy, including the rules for public User Content and forum posts.

We use SSL encrypted browsing for all logged-in users, but we cannot guarantee that all use will be secure. We also do not guarantee that the Website or any content provided on the Website is error free. We manage your personal data according to our Privacy Policy.

4. Intellectual Property Rights and Use Guidelines.

The Website and its original content, features and functionality (including look!), are owned by The MIDI Manufacturers Association and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The MIDI Manufacturers Association is about copying, branching and modifying documents, not Website, design or code. So, you agree to not copy, modify, create derivative works of, publicly display, publicly perform, and republish, any of our copyrighted material, except to the extent permitted by the Website itself. If you have doubts about whether and how to use the material on the Website, please address your concerns using this form.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Website. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).

All Content added, created, uploaded, submitted, distributed, or posted to the Website by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate.

By submitting public User Content through the Website, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Website and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website a non-exclusive, perpetual license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.

For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

If you post User Content in a public area of the Website, including a forum, message board, public profile area, or similar community feature, you are choosing to make that User Content publicly available. You should not include personal information or other identifying information in public User Content unless you want that information to be public.

If your account is deleted, public User Content you posted may remain available in place, but account attribution may be removed or anonymized where reasonably available. Account deletion does not require us to remove, retract, edit, rewrite, or delete public User Content. If you include identifying information in the text or content of a public post, that information may remain visible after account deletion.

We do not guarantee that any Content will be made available on the Website. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Website.

You are permitted to use the Website for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, hacking the Website in any manner, or violating the Content Standards set below. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.

We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to the Services or the Site that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into the Website or other products or services.

The Website may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

5. User Contributions and Content Standards. Special Disclaimer for legal content.

MIDI.org contains user generated content, and also may contain message boards, personal web pages, forums or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Website. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:

  • Not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person.
  • Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
  • Not be likely to deceive any person.
  • Not promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
  • Not involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Not give the impression that they emanate from us or any other person or entity, if this is not the case.
  • Not used, if public, as test empty documents with no actual content, or typing exercises: please respect our community and help us minimize the clutter!
  • Not include personal information about another person unless you have the right to share it.
  • Not include your own personal information, identifying information, confidential information, or sensitive information in public areas of the Website unless you want that information to be public.
  • Public forum posts and other public User Content may remain available after account deletion, as described in Section 4 and in our Privacy Policy.

We do not undertake to review all material before it is posted on the Website, and we cannot guarantee prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by the law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Association from any claims resulting from any action taken by the Association during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Association or law enforcement authorities.

If you believe that any User Content violates your copyright, please follow the procedure set forth by Section 512(c) of the DMCA and provide us a written takedown notice including the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • 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.
  • Information reasonably sufficient for us to contact you, such as email, address, telephone number.
  • 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.
  • A statement that the information in the notification 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.

The notice should be sent via Postal mail to MIDI Manufacturers Association, 26895 Aliso Creek Rd. #B-921. Aliso Viejo, CA 92656 USA.

7. No Framing Allowed

Elements of this Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing or mirrors. None of the Content for our Site may be retransmitted without the express written consent of the Association.

8. Disclaimer of Warranties, Limitations of Liability and Indemnification.

Your use of MIDI.org is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the Website, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney’s fees) arising from your violation of any third-party’s rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Website. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in ways that might result in any loss of your or any third party’s property or information.

9. Geographic Restrictions and English Language Service

The Website is operated from the United States and is made available through a single English-language presentation. The Website may be accessed by users in different jurisdictions, but the Association does not provide localized versions of the Website, these Terms of Service, the Privacy Policy, or account flows for specific countries or regions.

The Association does not target specific national markets through localized content, localized terms, localized privacy notices, or country-specific account flows. Users from different jurisdictions self-select into the same English-language Website experience.

If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with laws that apply to you.

10. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California.

11. Arbitration and Class Action Waiver

Any dispute, claim or controversy arising out of or relating to these Terms of Use or our Privacy Policy, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in the State of California before one arbitrator. All disputes, including the arbitrability of any issue or dispute, shall be decided by the arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. We shall bear arbitration-related fees and expenses, including the fees of the arbitrator and JAMS’ administrative fees, but not your attorney’s fees. The language to be used in the arbitral proceedings will be English. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

The Association and you waive any right to join or consolidate disputes by or against others as a representative or member of a class, to obtain relief in any arbitration in the interests of the general public, or to act as a private attorney general. If any provision related to this section is found to be illegal or unenforceable, then such provision shall be severed from the arbitration clause (“Arbitration”), but the rest of the arbitration clause shall remain enforceable and in full effect.

The Association or you each can exercise any lawful rights or use other available remedies to:

  • Preserve or obtain possession of property;
  • Exercise self-help remedies, including setoff rights; or,
  • Obtain injunctive relief (including public injunctive relief), attachment, garnishment, or appointment of a receiver by a court of competent jurisdiction.

The substance of any disputes where public injunctive relief is available shall be decided by the arbitrator. Only if the claimant succeeds on its claim permitting the remedy of a public injunction may such claimant request that a court of competent jurisdiction enter an injunction in conformity with the arbitral award.

Waivers and Severability

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and The MIDI Association and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

12. Our Privacy Policy

Our Privacy Policy is incorporated into these Terms of Service and can be found here: Privacy Policy.

13. Antitrust Guidelines

Antitrust guidelines can be found here: Antitrust Guidelines.

14. Feedback

We welcome any comment, complaint, question and communication using this form.