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Terms AND Conditions

Thank you for visiting our website.  The following Terms and Conditions (the "Terms") apply to this website.  Your use of this website is governed by these Terms and the Privacy Policy which is also fully available on this website. Should you have any questions or comments regarding the Terms, you may contact TMHOF at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .


1. Acceptance of Terms and Conditions/Modifications.

This website is owned and operated by Can and Will Music Foundation, Inc. doing business as Texas Music Hall of Fame® ("TMHOF").  Use of this website (the "Site") is governed by and subject to these Terms and Conditions ("Terms") which represent a legal agreement between TMHOF and you.  By using this Site in any manner, you confirm that you have read and understand these Terms and agree to be bound by them and by any other applicable laws and regulations.  You also agree that the consideration for your agreement to these Terms includes the valuable benefit which you obtain from accessing the Site.  If you do not wish to agree to these Terms, you may not access, browse or use this Site and you should discontinue these activities immediately.
TMHOF may modify or remove any part of these Terms of Use at any time without notice. Any changes to these Terms apply immediately after they are posted to the Site.  Your continued use thereafter indicates your acceptance of these changes.  You are responsible for checking these Terms regularly for changes so that you may be aware of any and all modifications.  TMHOF may also modify or remove any content on this site at any time without notice and without liability.
Your access to this Site may be terminated for any reason at any time in TMHOF's discretion. If TMHOF so terminates your access to this Site, you shall immediately refrain from using this Site and destroy any and all "Materials" (as defined below) obtained from this Site in accordance with these Terms or otherwise.  


2. Ownership.

TMHOF and its subsidiaries, affiliates, licensors and/or licenses (collectively, "Owners") are the exclusive owners of all content and materials on this Site ("Materials") and of all intellectual property rights associated with TMHOF or the site, including, but not limited to, all copyrights and trademarks (words only, logos and words and designs).  For such purposes, Materials include, but are not limited to, all features, functions, services, software, designs (including look and feel, organization, layout and presentation), objects, documentation, data, photographs, musical material (including musical compositions and sound recordings), artwork, videos, animations and other audio-visual materials, graphics user interface and navigation style and function.
The trademarks and service-marks Texas Music Hall of FameTM  and the logo at the top of this page along with other trademarks and services marks associated with TMHOF (individually and collectively, the "Mark(s)") are the exclusive property of TMHOF.  Commercial use of Marks or use of any word or mark which dilutes any Mark or is likely to cause confusion or mistake with respect to the source or an association or connection with TMHOF including, but not limited to, an implied or direct association with or endorsement of a product or service, is a violation of TMHOF's ownership rights and is prohibited by law.  Other trademarks and services marks used on this Site by TMHOF are used by TMHOF with the permission of the owner and remain the sole property of the owner.  Visitors to this Site do not acquire any interest in any Mark or any Content by accessing or otherwise using this Site.  You may not use any Mark in any manner except as expressly provided by the applicable trademark laws of the United States, Title 15, Section 1051, et. seq. of the U.S. Code.


3. Grant of Rights.

TMHOF hereby grants you the right to use this Site and the Material solely for personal and non-commercial use through a single mechanism allowing such use.  Except as may be allowed by the U.S. Copyright Act (the "Act"), Title 17, Section 101 et. seq. of the U.S. Code (the "Act"), you may not copy, transmit, perform, publish, distribute or otherwise use any of the Material without first obtaining TMHOF's prior written consent in each instance which it may withhold in its sole discretion.  Any use by you of any Material which is authorized by the Act shall contain a copyright notice identical to that contained on the first page of the Site unless a different copyright notice is clearly associated with the Material you are using (in which event you shall use that copyright notice).  Your use shall also contain a statement in the following form: "Material accessed at www.texasmusichof.com" (and specify the date of such access).   


4. Visitor Postings/Communication Program.

  • General. TMHOF may allow you to post information on the site through a message board or other mechanism (individually and collectively, "Communication Program"). You may be allowed to post or upload material, information or ideas to the Site through a Communication Program (individually and collectively, "Visitor Postings"). If you voluntarily elect to provide TMHOF with any Visitor Postings, you will be deemed to acknowledge the following: (a) your Visitor Posting will be original with you and will not violate or infringe upon any third party rights; and (b) you grant to TMHOF a world-wide, non-exclusive, gratis, perpetual and unrestricted right and license to use your Visitor Posting in any manner and for any purpose, including, but not limited to the right to modify and/or combine the same or any portion thereof with other material, provided that any such use shall always be subject to the terms of TMHOF's Privacy Policy.
  • Password. In order to participate in a particular Communication Program, TMHOF may require you to register and obtain a password. You are responsible for maintaining the confidentiality of your password and are responsible for any and all activities that arise from your account. You shall immediately notify TMHOF of any unauthorized use of your account. You understand and agree that TMHOF is not responsible for any damages that you may incur arising from any unauthorized use of your password or your account.
  • Inaccurate Information. You acknowledge that information provided by other users of a Communication Program may contain offensive, false or sexually explicit materials, and that TMHOF is not responsible or liable for any such material. You agree to notify TMHOF if you become aware of any inappropriate use of a Communication Program.
  • TMHOF Moderator/Decorum. You understand that (I) TMHOF may use a moderator in connection with any Communication Program; (II) each moderator has the unfettered right to remove any Visitor Posting, discontinue any line of discussion and/or ban or suspend your use of any Communication Program as the moderator determines in his/her sole discretion.
    • TMHOF requests that all visitors refrain from attacking another person in an offensive manner such as through derogatory references, personal statements or bullying. Moderators will immediate react to such Visitor Postings as set forth above.
    • If you feel that you are the victim of a offensive personal attack, or if you have any complaint regarding any Communication Program, please contact TMHOF at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
    • The degree or length of suspension or ban shall be determined in the sole discretion of the moderator and TMHOF. If a banned or suspended user attempts to use a Communication Program through a different account, such account will also be banned or suspended as well the account of any use attempting to post for a suspended or banded user.
    • To the extent that a subscription or participation fee is charged by TMHOF for use of any communication program, such fee will not be refunded in the event a user is suspended or banned.


5. Prohibited Visitor Conduct.

In connection with your use of the Site (including, but not limited to, any Communication Program), you will not engage in any of the following activities:

  • Post, e-mail or otherwise transmit any content that (i) is fraudulent, defamatory, abusive, pornographic or vulgar, threatening or harassing, racially, ethnically, religiously or otherwise objectionable or offensive or that includes private or personal information concerning any individual or group of individuals; (ii) infringes upon any rights of any other person or entity including, but not limited to, copyright, trademarks or other intellectual property right; (iii) contains false or misleading statements as to origin or fact; (iv) constitutes criminal conduct, causes civil liability or violates the laws, rules and/or regulations of any governmental entity which you do not otherwise have the full legal right to transmit; (v) contains viruses, worms or other computer files, codes and programs designed to disrupt, destroy or interfere with the functionality of the Site or any software or hardware; and (vi) is comprised of any advertisements, promotional materials "junk mail," "spam," or other forms of solicitation;
  • Harvest, collect, delete, copy or transmit any material or information posted by or concerning any other person or entity, arising from their or your use of the Site without first obtaining the written consent of such person or entity;
  • Make any effort to violate the security of the site through any manner or mechanism including, but not limited to, engaging in any unauthorized means of accessing the Site;
  • Engage in any activity which negatively or adversely reflects upon the Site or TMHOF and its reputation and goodwill; or
  • Engage in any conduct or use any mechanism that could interrupt, damage, disable, overburden or impair this Site or interfere with any other party's use and enjoyment of this Site, including, without limitation, sending mass unsolicited messages or "flooding" servers.


6. Links to Third Party Sites/Links to this Site.  

The Site contains links to other websites controlled by third parties.  Any and all third party links on this site are provided for your convenience, and you understand and agree that TMHOF has no control over the content, advertising or other material placed on such third party sites.  You further understand and agree that TMHOF is not responsible for accuracy or inaccuracy of any information contained on any such site and that TMHOF is not liable or responsible, in any manner, for any damages caused by your use of any third party site.
If you elect to include a link to this Site on any other site, you agree that such link shall automatically open in a new browser window and that all such links shall be to full versions of any html-formatted pages on this Site.  You agree that you will not link directly to any Material including "deep" or "inline linking" or in any manner causing this Site, or any page of this Site, to be "framed", surrounded by or connected with any third-party materials, content, sponsorships or advertising.  If TMHOF requests for any reason, you shall immediately remove and discontinue any link to this Site.  


7. Your Account and Information/Privacy.

Certain features available on the Site ("Registration Feature") may ask you to register or provide personal information including, but not limited to, your name, phone number and e-mail address ("User Information").  Any election to participate in a Registration Feature is within your sole discretion and in no event are you required to do so.  If you elect to participate in any Registration Feature, however, you must provide accurate, current and complete User Information, but always subject to any applicable laws and the terms of TMHOF's Privacy Policy which is incorporated into these Terms by this reference.  You grant TMHOF and its licensees and assignees the right to use, store, transmit and monitor your User Information, provided that TMHOF shall endeavor to use your User Information in accordance with the Privacy Policy and any applicable laws and regulations.  
You, and not TMHOF, are solely responsible for maintaining the confidentiality of your User Information and are solely responsible for any activities that occur in connection with any account you may create in association with the Site ("Account") or any User Information you may provide.  If you become aware of, or suspect, any unauthorized use of your User Information or your Account, you agree to immediately notify TMHOF thereof.  


8. Claims of Copyright Infringement.

If you believe that any material contained on the Site infringes your copyright, you have the right to provide notice to TMHOF requesting removal of the infringing material in accordance with the terms of the Digital Millennium Copyright Act ("DMCA").  The notice requirements (including the counter-notice requirements) are submitted for your general guidance, however, you should review the DMCA to determine if any changes have been made to either of the notice procedures before filing a notice or counter-notice.  Any claim of copyright infringement must fully comply with the DMCA provisions and should be sent to TMHOF's designated agent ("Designated Agent") at the following address:  


Copyright Notice Department/Texas Music Hall of Fame®
3532 Bee Caves Rd., Suite 115
Austin, TX  78746
Telephone: 512-329-9802
Facsimile: 512-329-9804
E-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it


Notice: The current DMCA notice requirements are listed below:

  • 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 or works claimed to have been infringed;
  • 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 TMHOF to locate the material;
  • Information reasonably sufficient to permit TMHOF to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • 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
  • 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.


If TMHOF receives property notice complying with the terms of the DMCA, TMHOF will disable or remove the alleged infringing material and shall advise the alleged infringer in accordance with the applicable terms of the DMCA.  
Counter-Notice: If any user receives a so-called take-down notice from TMHOF, and such user believes that the disabled or material is not infringing, or that such user has the legal right to use such material, then such user may send a counter-notice to TMHOF's Designated Agent in accordance with the requirements of the DMCA which presently requires the following information:

  • Your physical or electronic signature;
  • Identification of the removed or disabled material, and information reasonably sufficient to permit the TMHOF to locate the material;
  • Information reasonably sufficient to permit TMHOF to contact you, such as an address, telephone number, and, if available, an e-mail address;
  • A statement that, under penalty of perjury, you have a good faith belief that content was removed or access disabled as a result of a mistake or a misidentification of the content; and
  • A statement that, under penalty of perjury, you have a good faith belief that content was removed or access disabled as a result of a mistake or a misidentification of the content.  


If a counter-notice complying with the requirements of the DMCA is received by TMHOF's Designated Agent, TMHOF will advise the complaining party that TMHOF will restore the material within the time period specified by the DMCA unless the complaining party files an action seeking a court order to restrain or enjoin use of the material.  

TMHOF will terminate use of the Site by a user if such user is determined to be a repeat copyright infringer.  


9. Disclaimer/Limitation of Liability.

This Site is operated from TMHOF offices in Austin, Texas, United States of America.  Some of the information on this Site may not be appropriate or accessible in all regions, territories and/or countries of the world and may be specifically illegal in certain regions, territories and countries. TMHOF makes no representation that this Site and/or the Material is appropriate in all such regions, territories and/or countries.  TMHOF may, at any time and without notice, terminate or restrict access to this Site from any particular region, territory or country. Each user accesses this Site at his or her own risk and is individually responsible for compliance with all applicable laws and restrictions. Any particular feature or any offer or other element of this Site is expressly void if prohibited by the laws or regulations of any region, territory, country or state.  
This Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation.  TMHOF specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at this Site.


ALL MATERIALS AVAILABLE ON THIS SITE INCLUDING VISITOR POSTINGS ARE PROVIDED WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, UNINTERRUPTED ACCESS, NONOFFENSIVE CONTENT, AND/OR NONINFRINGEMENT.  WHILE TMHOF MAKES EVERY REASONABLE EFFORT TO INCLUDE CURRENT AND CORRECT INFORMATION, TMHOF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSEES AND ASSIGNS (COLLECTIVELY, THE "TMHOF PARTIES") , DO NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OF ANY INFORMATION AND EXPRESSLY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE SITE, MATERIAL OR VISITOR POSTINGS INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION OR CONTENT ON ANY THIRD PARTY MESSAGE WHICH IS LINKED TO THIS SITE. NEITHER TMHOF NOR ANY TMHOF PARTY SHALL BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES (WHETHER DIRECT OR INDIRECT) WHICH ANY USER OF THIS SITE MAY INCUR INCLUDING, BUT NOT LIMITED TO, DAMAGES (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNATIVE OR OTHERWISE) TO YOUR COMPUTER OR ANY PROPERTY RESULTING FROM YOUR USE OF THIS SITE OR DOWNLOADING ANY MATERIAL FROM THIS SITE (OR ANY SITE WHICH IS LINKED TO THIS SITE). IF FOR ANY REASON THESE PROVSIONS ARE UNENFORCEABLE IN WHOLE OR IN PART, THEN IN NO EVENT SHALL TMHOF'S OR ANY TMHOF PARTY'S LIABILITY EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE, PROVIDED THAT NOTHING CONTAINED HEREIN SHALL BE DEEMED TO WAIVE ANY LIABILITY FOR DEATH OR PERSONAL INJURTY RESULTING FROM ANY GROSS NEGLIGENCE.


10.  Indemnity. 

You agree to defend, indemnify, and hold TMHOF and the TMHOF Parties and any other persons or entities involved in the operation of this Site harmless from all claims, liabilities, demands and expenses (including reasonable attorneys' fees) arising from or related to your use of this Site including, but not limited to, (a) the Materials; (b) Visitor Postings; (c) User Information; (d) your violation or infringement of the rights of any third party; (d) your use of any third party site linked to this site or any content associated with such third party site; (e) your participating in any activities derived from or associated with this Site; (f) your participation in any activities arising from the Site or User Submissions;  and/or (g) your violation or breach of these Terms.  TMHOF may, at its election, assume the defense and control of any claim to which the foregoing indemnity applies, and you agree to cooperate with TMHOF in connection with any matter to which the foregoing indemnity applies.


11.  Miscellaneous Provisions.

  • Assignment. TMHOF shall have the right to assign, delegate or license any of its rights or obligations to any third party as it shall determine in its sole discretion.  Your obligations hereunder are personal to you and may not be assigned or delegated in whole or in part.
  • Reservation of Rights.  All rights not expressly granted to you hereunder are expressly reserved by TMHOF.
  • Entire Agreement.  These Terms, including the Privacy Policy, set forth the entire understanding and agreement between TMHOF and you with respect to the Site and the subject matter hereof.  A waiver by TMHOF of any of its rights under any provision set forth in these Terms shall not be deemed to waive such provision for the future. If any part of these Terms is determined to be invalid or unenforceable under applicable law, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.
  • Governing Law.  THESE TERMS, AND ANY ISSUE OR DISPUTE ARISING OUT OF YOUR USE OF THE SITE, SHALL BE CONSTRUED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. IN CONNECTION THEREWITH, YOU HEREBY IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED WITHIN TRAVIS COUNTY TEXAS IN CONNECTION WITH ANY DISPUTE ARISING OUT OF YOUR USE OF THE SITE, THESE TERMS AND/OR THE PARTIES RIGHTS OR OBLIGATIONS HEREUNDER.