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Terms of Service

YOUR USE OF THIS WEB SITE AND THE CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

This web site, including all of its features and content (“Web Site”) is a service made available by ACMP Associated Chamber Music Players, Inc. or its affiliates (“ACMP”) and all content, information, services, text, photographs, video, audio, graphics and software ordered or provided on or through this Web Site (“Content”) may be used solely under the following terms and conditions of use (“Terms of Use”).

1. Web Site Limited License. This Web Site and the Content are protected by copyrights, trademarks, patents, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. As a user of this Web Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Web Site and the Content in accordance with these Terms of Use. ACMP may terminate this license at any time for any reason.

2. Fees and Payments. ACMP reserves the right at any time to charge fees for access to the Web Site and/or Content. If at any time ACMP requires a fee, ACMP will require you to register and create an account unless you come to a different specific arrangement with ACMP regarding payment of any fees. Notwithstanding the foregoing, any specific arrangement you may make with ACMP regarding payment of fees shall not affect in any way your other obligations under the Terms of Use, except as provided otherwise herein.  You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Web Site. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Web Site, Content and any other products or services through your account. Certain portions of the Web Site or the Web Site as a whole may require a subscription agreement and/or a prepaid fee which may be modified from time to time in ACMP’s sole discretion. The prepaid fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you be allowed access to any portion of the Web Site or Content for which a prepaid fee is required unless and until ACMP receives all fees and charges payable by you.

3. Limitations on Use; Third Party Communications.

3.1. Limitations on Use. Unless otherwise agreed by you and ACMP in a separate written agreement, the Content on this Web Site is for your personal use only and not for commercial exploitation. Notwithstanding the foregoing and to the extent this Web Site provides electronic commerce, such buying opportunities may be made available for group as well as personal purchasing, so long as you are authorized to make purchases on behalf of such group. You may not use this Web Site or the Content for any illegal purpose, in any illegal manner or in any manner inconsistent with these Terms of Use.  You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web Site or the Content. You may not use any network monitoring or discovery software to determine the Web Site’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper or any other automatic software or a camera or other device, or manual process to monitor or copy the Web Site or the Content. You may not use this Web Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial or public purposes all or any portion of this Web Site or the Content. You may not use, transfer, distribute or dispose of this Web Site or the Content in any manner that could compete with the business of ACMP.  You may not use or otherwise export or re-export this Web Site or any portion thereof, or the Content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Web Site or its Content is prohibited.

3.2. Third Party Communications. ACMP disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. ACMP assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with this Web Site or Content.

4. Intellectual Property Rights.

4.1 Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation, those related to copyright or other intellectual property rights. You agree that the Content and Web Site are protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws.

4.2 This Web site may contain interactive areas which include, without limitation, blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and question and answer features (the “Interactive Areas”). You grant to ACMP an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expressions of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, “Postings”) to this Web Site. Said license is without restrictions of any kind and without any payment, permission or notification due from ACMP to you or any third party. The license includes the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.

4.3. You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to ACMP a perpetual worldwide royalty-free irrevocable, non-exclusive license for said works with all of the rights granted by you in section 5.2 of these Terms of Use and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent, trademark or other intellectual property right or any proprietary right.

4.4. You acknowledge and agree that your submission of Postings to this Web Site does not create any new or alter any existing relationship between you and ACMP.

4.5. By submitting Postings to this Web Site, you acknowledge and agree that ACMP may create on its own ideas that may be, or may obtain submissions that may be, similar or identical to Postings you submit. You agree that you shall have no recourse against ACMP for any alleged or actual infringement or misappropriation of any proprietary or other right in or related to the Postings you provide to ACMP.

5. Digital Millennium Copyright Act - Notification of Alleged Copyright Infringement. ACMP has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. ACMP reserves the right to remove any Content and/or Posting that allegedly infringes another person’s copyright. ACMP will terminate, in appropriate circumstances, subscribers and account holders of ACMP’s system or network who are repeat infringers of another person’s copyright. Notices to ACMP regarding any alleged copyright infringement should be directed to ACMP via email at: contact@acmp.net.

6. Linking to this Web Site. You may provide links to this Web Site, provided that (a) you do not remove or obscure, by framing or otherwise, any portion of this Web Site, including any Content, advertisements, terms of use, copyright notices, and other notices on this Web Site, (b) you immediately deactivate and discontinue providing links to this Web Site if requested by ACMP, and (c) ACMP may deactivate any link(s) at its discretion. 

7. No Solicitation. You shall not distribute on or through this Web Site any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise or organization without the express written permission of ACMP.  Notwithstanding the foregoing, nothing herein is meant to limit your ability to connect with other musicians, arrange musical sessions and otherwise further the goals of the Web Site.

8. Advertisers. This Web Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Web Site is accurate and complies with applicable laws. ACMP will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

9. Registration. Certain sections of this Web Site may require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform ACMP of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise. ACMP does not permit a) anyone other than you to use or access the Content or sections of the Web Site requiring registration by using your name or password; or b) access through a single name that is made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify ACMP immediately by emailing contact@acmp.net.

10. Postings in Interactive Areas of this Web Site.

10.1. Postings to be Lawful. If you participate in Interactive Areas on this Web Site, you shall not post, publish, upload or distribute any Postings which are unlawful or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law. ACMP may delete your Postings at any time for any reason or no reason without permission from you.

10.2. Postings to be in Your Name. Your Postings shall be accompanied by your real name and shall not be posted anonymously. Notwithstanding the previous sentence, if the applicable registration page for your participation in any of the Interactive Areas allows you to create a screen name, you may also select and use an appropriate screen name that is not your real name, provided that you use your real name when registering for participation in the Interactive Area. Participants in Interactive Areas shall not misrepresent their identity or their affiliation with any person or entity.

10.3. Postings shall not contain protected health information. You are strictly prohibited from submitting Postings that are considered protected health information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or the Health Information Technology for Economic and Clinical Health Act of 2009 (HITECH).  You are also strictly prohibited from providing ACMP with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should ACMP discover that you have done so, ACMP will remove it immediately and reserves the right to ban you from the Web Site.  None of the foregoing shall obligate ACMP to actively screen the information that you provide.

10.4. No Monitoring of Postings. ACMP has no obligation to monitor or screen Postings and is not responsible for the content in such Postings or any content linked to or from such Postings. ACMP however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and remove Postings, at any time and for any reason or no reason.

10.5. Non-Commercial Use Only of Interactive Areas. Interactive Areas are provided solely for your personal use. Any unauthorized use of the Interactive Areas of this Web Site, its Content, or Postings is expressly prohibited.

11. Errors and Corrections. ACMP does not represent or warrant that this Web Site or the Content or Postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. ACMP does not warrant or represent that the Content or Postings available on or through this Web Site will be correct, accurate, timely, or otherwise reliable. ACMP may make improvements and/or changes to its features, functionality, Content or Postings at any time.

12. Third Party Content. Third party content (including, without limitation, Postings) may appear on this Web Site or may be accessible via links from this Web Site. ACMP shall not be responsible for and assumes no liability for any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third party content appearing on this Web Site. You understand that the information and opinions in the third party content is neither endorsed by nor does it reflect the belief or opinion of ACMP. Further, information and opinions provided by employees and agents of ACMP in Interactive Areas are not necessarily endorsed by ACMP and do not necessarily represent the beliefs and opinions of ACMP.

13. Assumption of Risk. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your participation in any of the Interactive Areas.

14. DISCLAIMER. THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PROVIDER DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS.

15. LIMITATION OF LIABILITY. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE INTERACTIVE AREAS, OR ANY THIRD PARTY COMMUNICATIONS. PROVIDER SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEB SITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY COMMUNICATIONS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, PROVIDER’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00.

16. Indemnification. You agree to indemnify, defend and hold harmless ACMP, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Web Site from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by you or arising from or related to any Postings uploaded or submitted by you and/or any false or misleading information that you submit to ACMP.

17. Third Party Rights. The provisions of paragraphs 14 (Disclaimer), 15 (Limitation of Liability) and 16 (Indemnification) are for the benefit of ACMP and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

18. Unlawful Activity; Termination of Access. ACMP reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. ACMP may discontinue any party’s participation in any of the Interactive Areas at any time for any reason or no reason.

19. Remedies for Violations. ACMP reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular internet address to this Web Site and any other ACMP web sites and their features.

20. Governing Law and Jurisdiction. The Terms of Use are governed by and construed in accordance with the laws of the state of New York without reference to its principles of conflicts of laws and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the state of New York in the county of New York and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

21. Privacy. Your use of this Web Site is subject to ACMP’s Privacy Policy.

22. Severability of Provisions. These Terms of Use incorporate by reference any notices contained on the Web Site and the Privacy Policy and constitute the entire agreement with respect to access to and use of the Web Site, the Interactive Areas, and the Content and Postings. If any provision of these Terms of Use is deemed unlawful, void or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability.

23. Modifications to Terms of Use. ACMP reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on the Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site after any such changes constitutes your consent to such changes.