By accessing or using this Music for Autism, Inc. (“Music for Autism”) web site (the “Site“), you hereby accept and agree to comply with the terms and conditions set forth in this User Agreement. This User Agreement is a binding agreement between you and Music for Autism, and governs your access and use of the Site, which includes any text, graphics, user interfaces, information, data, tools, products, services and other content (together, “Content“) available on or through the Site. You may contact Music for Autism by e-mail at info@MusicforAutism.org with questions about the terms and conditions of this User Agreement.
PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. EACH TIME YOU USE THE SITE, YOUR USE INDICATES YOUR FULL ACCEPTANCE OF AND AGREEMENT TO ABIDE BY THIS USER AGREEMENT IN ITS THEN CURRENT FORM. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS STATED IN THIS USER AGREEMENT, DO NOT USE THE SITE.
- Music for Autism grants you a limited right to use the Site.
The Site is owned by Music for Autism, its affiliates and/or third parties.
- Your right to use the Site is subject to your agreement to abide by this User Agreement in its entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Site.
- At any time and for any reason we may revoke your right to use all or any portion of the Site.
- You may not violate or attempt to violate the security of the Site.
You make certain representations and warranties regarding your use of the Site.
- The Site is protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Music for Autism, its affiliates and/or third parties.
- You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site.
- You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Site except as explicitly permitted in this User Agreement.
- You may print copies of any accessible portion of the Site only for your own personal use. You may discuss information you learn from the Site with your financial, legal or tax advisors, and others with whom you share investment decisions.
- You may not remove any copyright, trademark, or other proprietary notice or legend contained on (or printed from) the Site.
There are various risks you assume in relying on the Content.
- You represent and warrant that:
- you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to this User Agreement;
- you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of this User Agreement; and
- you will not delete any Content.
Music for Autism is not liable for any technological problems and any impact they may have.
- Dated Content speaks only as of the date indicated.
- We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Site even if we are aware it is inaccurate, outdated, or otherwise inappropriate.
- We may change and/or remove all or any portion of the Site at any time without notice to you, including visitor comments.
- We do not endorse the opinions of, or warrant the accuracy of facts or other Content contributed by, any third party.
- You agree we are not liable for any action you take or decision you make in reliance on any Content.
Music for Autism is not responsible for information on any third party web site that is referenced in, or accessible or connected by hyperlink to, the Site.
- All or any portion of the Site may not be available and may not function properly at any time.
- We make reasonable efforts to avoid technological problems, but at any time, the Site may have and may cause technological problems such as viruses and other damaging computer programming routines or engines.
- We take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but we disclaim liability for any interception of data or communications.
- We make reasonable efforts to ensure that the Site is secure, but we do not guarantee the security of the Site.
- We are not liable for any damage or injury caused by the performance or failure of performance of all or any portion of the Site.
- We are not liable for any defects, delays, or errors in or resulting from your use of the Site.
Music for Autism has the right, but not the obligation, to monitor and record activity on the Site and respond as it deems appropriate.
- If you access any third party web site through the Site or otherwise, you do so at your own risk.
- Hyperlinks to or from the Site do not constitute third party endorsement of, sponsorship by, or affiliation with us.
- We may monitor and record activity on the Site for any reason or for no reason.
- We may investigate any complaint or reported violation of our policies.
- We may report any activity we suspect may violate any law or regulation to regulators, law enforcement officials, or other persons or entities we deem appropriate.
- We may issue warnings, suspend, or terminate use of the Site, deny access to all or part of the Site or take any other action we deem appropriate.
MUSIC FOR AUTISM DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE THAT THE LAW ALLOWS IT TO DISCLAIM.
MUSIC FOR AUTISM’S LIABILITY WITH RESPECT TO THE SITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
- WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE INCLUDING WARRANTIES OF
- FITNESS FOR A PARTICULAR PURPOSE AND
- NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
- WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, OR SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT.
You will be responsible for any liability to Music for Autism that arises out of your breach of this User Agreement or your use of the Site.
- IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, AGENTS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED ARISING OUT OF THIS USER AGREEMENT, THE SITE, OR THE INABILITY TO USE THE SITE.
- OUR LIABILITY IS LIMITED EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES YOU SUFFER OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE.
- UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF MUSIC FOR AUTISM, ITS AGENTS, AND EMPLOYEES TO ANY USER OF THE SITE WITH RESPECT TO THE SITE IS $100.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
- BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You will be bound by revised versions of this User Agreement that Music for Autism posts on the Site.
- You agree to indemnify, defend, and hold harmless Music for Autism and its affiliates, agents, employees, and third party sources from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to:
- your use of the Site,
- your breach of this User Agreement or any representation, warranty, or covenant made by you in this User Agreement,
- your violation of any applicable law, statute, ordinance, regulation, or of any third party’s rights, or
- claims asserted by third parties that, if proven, would place you in breach of representations, warranties, covenants, or other provisions contained in this User Agreement.
This User Agreement will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law.
- Modifications will be effective immediately upon posting unless we indicate otherwise.
- Your use of the Site indicates your full acceptance of this User Agreement in its then-current form each time you use the Site.
MUSIC FOR AUTISM and other marks indicated on the Site are the trademarks and/or service marks of the Organization or its affiliates.
- You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County.
- You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
The Site is directed at United States visitors.
- They may not be used or displayed without the prior written consent of the Organization or the appropriate right holder.
- All other trademarks, service marks and company names and logos appearing on the Site are the property of their respective owners.
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
- We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States.
- Users who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.
You are bound by certain other general conditions.
- We will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof, and you believe that any content hosted on our web site infringes your copyrights, you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent with the following information in writing (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- 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 on our 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 to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Our Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows: Attention: Elizabeth Santiso, Music for Autism, 401Park Ave. South, New York, NY 10016, firstname.lastname@example.org.
- For clarity, only DMCA notices should go to the Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to us through info@Music for Autism.org.
- You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
- We may assign this User Agreement in whole or in part at any time without your consent. You may not assign this User Agreement or delegate any of your obligations under this User Agreement. Any purported assignment of this User Agreement in violation of its terms is void.
- If any provision of this User Agreement is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of this User Agreement shall remain in full force and effect.
- This User Agreement constitutes the entire understanding, and supersedes all other understandings, between you and Music for Autism concerning the subject matter hereof.