TERMS AND CONDITIONS OF USE
NetMusicWorks has created this web site to provide an online platform for musical artists and music resources.
To assist you in using our www.NetMusicWorks.com web site (the "Web Site" or the "Site"), and to ensure a clear understanding of the relationship arising from your use of our Site, we have created a Privacy Policy and a set of Terms and Conditions of Use. Our Privacy Policy explains how we protect and treat contact and other information you provide to us through the Site, and our Terms and Conditions of Use govern your use of our Site generally. Please read our Privacy Policy and our Terms and Conditions of Use carefully - they impose legal obligations on you. By using or accessing our Site, you are acknowledging that you have read and understood these terms and agree to be legally bound by them.
Terms and Conditions of Use
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE.
These Terms and Conditions of Use ("Terms and Conditions")
constitute the contractual agreement between you and NetMusicWorks
regarding your use of our Site and any activities or transactions you
may conduct through the Site. In these Terms and Conditions, the words "you" and "your" refer
to any person accessing the Site, and the words "we," "us," and "our" refer
to NetMusicWorks.
By using our Site, you agree to these Terms and Conditions.
1. Overview
We have organized the elements of our Terms and Conditions in sections.
If after reading through these Terms and Conditions you still have
questions, please feel free to contact us by clicking on the following
link: mark@netmusicworks.com.
2. Ownership Of Site Contents
Unless otherwise noted, all text, images, illustrations, designs, icons,
photographs, video clips, sound clips, and other materials that are
part of this Site (collectively, the "Contents"), are copyrighted
works, trademarks, trade dress, or other intellectual properties
owned, controlled, or licensed from our artist-clients by NetMusicWorks
(or used in accordance with "fair use" principles). The
Site as a whole is protected by copyright and trade dress, all worldwide
right, title and interest in and to which is owned by NetMusicWorks.
The phrase "NetMusicWorks" is a federally registered trademark owned by NetMusicWorks. Other trade names and trademarks present on the Site either are owned by NetMusicWorks, appear with the permission of their respective owners, or appear under principles of "fair use." Unless otherwise noted, by using a third party's trademark or trade name on this Site, NetMusicWorks does not intend to suggest any affiliation with or endorsement of such third party or its products or services, and NetMusicWorks hereby expressly disclaims any such affiliation or endorsement.
3. Downloading and Use of Site Contents
The Contents of our Site, and the Site as a whole, are intended strictly for the purpose of providing information about our artist-clients to the users of our Site (collectively, "Permitted Uses"). You may not download or copy the Contents displayed on the Site. You may not reproduce, modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents of our Site, or the Site. Use of the Content which is not expressly permitted by these Terms and Conditions constitutes a breach of these Terms and Conditions, and may also constitute a violation of copyright, trademark, and other law.
You furthermore agree that NetMusicWorks may use or disclose information about you and your use of the Site in accordance with our Privacy Policy. With respect to any information relating to other users of the Site to which you may be permitted access through the Site, you agree that you may use such information only in connection with activities related to the purpose of the Site, which activities, without limitation, shall not include (i) the sending of unsolicited communications of a commercial nature; (ii) the sending of any other communications after receiving notification that the recipient no longer wishes to receive communications from you; or (iii) the sale or rental of such personal information to any other parties.
You agree to refrain from undertaking any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.
4. Complaints Over Perceived Infringement
If you believe that materials posted on our Site infringe rights you
enjoy under copyright law in specific materials (collectively, a "Work"),
we request that you follow the procedure described below to notify
us of your concerns or objections. In turn, we agree to respond to
your notice, as outlined below, and remove, or disable access to
material that you believe infringes your Work.
4.1. NetMusicWorks Designated Agent
If you believe materials posted on our Site infringe the copyright
in your Work, you must direct your concerns to our agent, designated
under the Digital Millennium Copyright Act (17 U.S.C. ยง512) to respond
to such concerns (our "Designated Agent"):
e-mail: mark@netmusicworks.com
NetMusicWorks
PO Box 746
Nassau, New York 12123
4.2. Content of Notice
You should notify our Designated Agent of your concerns as follows:
(i) Place your concerns in writing, and sign the document;
(ii) Identify the Work, which you believe is being infringed;
(iii) Identify the material on our site which you believe infringes your Work, and identify this material in a sufficient manner to permit us to locate the material without undue searching; and
(iv) Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available, an e-mail address.
(v) State that you in good faith believe the challenged use is unauthorized, that all statements in your notice are accurate, and sign or e-sign the notice under penalty of perjury.
4.3. Our Response; Counter-Notifications
Upon receipt of a proper notice in the form specified above (a "Notice"),
we will remove or disable access to the materials on our site which
you assert infringe your Work. We will also take steps to promptly
notify the person or persons responsible for the allegedly infringing
materials (the "Respondent") that we have removed or disabled
access to the materials. Under the Digital Millennium Copyright Act,
the Respondent is provided an opportunity to dispute your claim that
his or her materials infringe your Work. By law, the Respondent may
provide us with a "counter-notification." Upon receipt of
a proper counter-notification, we will act as provided in the Digital
Millennium Copyright Act.
5. Links To Other Web Sites And Services
NetMusicWorks does not control the availability or content of any outside
web sites, services, or resources to which this Site may link. Concerns
regarding any such service, resource, or link should be directed
to the particular outside service or resource. NetMusicWorks does
not necessarily endorse, sanction, or verify sites to which our Site
links, and we provide these links merely for our users' convenience.
Access to other sites linked to this Web Site is at your own risk,
and we disclaim all liability with regard to your access to such
linked web sites. In addition, we do not necessarily endorse,
sanction, or verify sites that link to this Site, even if any logo
or mark of NetMusicWorks is used as part of the link to this Site.
This website is controlled by NetMusicWorks in the State of New York. These terms and conditions will be governed by, and construed and enforced in accordance with, the laws of the State of New York. If any term or condition hereof is finally determined invalid, illegal or unenforceable by a court of competent jurisdiction, such other terms or conditions will remain in full force and effect.
NetMusicWorks reserves the right to change these terms and conditions from time to time in its sole discretion.
6. Disclaimer of Warranties
While we use reasonable efforts to include and to pass on to others
associated with this Site accurate and up-to-date information, we
make no warranties or representations as to such information. NetMusicWorks
SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS,
OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING
THROUGH THE SITE.
You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS
IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS,
CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE
OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION
BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS
ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT
YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.
Please note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusion may not apply to
you. Check your local laws for any restrictions or limitations regarding
the exclusion of implied warranties.
7. Limitation of Liability
NEITHER NetMusicWorks NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING,
OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT
OF YOUR, OR ANY OTHER PARTY'S, ACCESS TO, OR USE OF, THE SITE. IN
ADDITION, WE SHALL HAVE NO LIABILITY FOR:
" ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS
FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL;
" ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT
OF THE CONTENT OR OUR SERVICES; OR
" ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE
SITE CONTENT OR OUR SERVICES.
8. Choice of Law and Jurisdiction
This Site is controlled and operated by NetMusicWorks from its location
in New York State. These Terms of Use, and our Privacy
Policy, shall be construed in accordance with the laws of the State
of New York, without regard to any conflict of law provisions. Any
dispute arising under this Agreement shall be resolved exclusively
by the state or federal courts sitting in Albany County, State of
New York.
9. Modifications
We may make improvements or other changes to the Site, or to the information
and services offered at the Site, without notice to you. We may add,
delete, move, or modify some or all of the Site at any time. We may
make such changes for any reason, including, without limitation,
changes to due to the circumstance (a) that an agreement with a third
party cannot be maintained on terms reasonably acceptable to us;
or (b) that the Site or its components become illegal or contrary
to law or relevant regulation.
In addition, we may from time to time change these Terms and Conditions governing your use of our Site. We will post these changes here, in our Terms and Conditions. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions, as changed.
10. Assignment
NetMusicWorks may wish at some point to assign or transfer its rights
in this Web Site to a third party. You agree that NetMusicWorks may
transfer or assign to a third party all of its rights and obligations
with respect to you, including any rights and obligations with respect
to your Personally Identifiable Information, on the condition that
such third party agree to abide by NetMusicWorks then-applicable
Privacy Policy.
11. Indemnities
You agree to indemnify NetMusicWorks, and its officers, directors,
employees, agents, licensors, and suppliers against any loss, damage,
costs or expenses arising out of or in connection with your use of
the Site and any claim by a third party against us as a result of
any breach by you of these Terms and Conditions, including any misuse
of the Content.
12. Access Privileges
NetMusicWorks may discontinue, change, or restrict your use of this
Web Site for any reason without notice. Moreover, we reserve the
sole and absolute discretion and right to deny, revoke, or otherwise
restrict the access privileges of any user that at any time fails
to comply with these Terms and Conditions, including the right to
block access from a particular Internet address to the Web Site.
13. Severability
If any provision of these Terms and Conditions or our Privacy Policy
is found to be invalid by any court having competent jurisdiction,
the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions or the Privacy
Policy, which shall remain in full force and effect. No waiver of
any provision of these Terms and Conditions or the Privacy Policy
shall be deemed a further or continuing waiver of such provision.
14. Complete Agreement
In addition to these Terms and Conditions (and Subscription Agreement,
if any), your use of our Site is also subject to our Privacy Policy.
Together with our Privacy Policy, these Terms and Conditions (and
Subscription Agreement, if any) constitute the entire agreement between
you and NetMusicWorks with respect to use of the Site and supercede
any and all prior representations and agreements, oral or written,
relating to the subject matter hereof.
15. Your Consent
By using our Web Site, you agree to comply with, and be bound by these
Terms and Conditions. If you do not agree with some, or all of these
Terms and Conditions, please refrain from visiting our Site.
16. Contact Us
You may contact us, for any reason, by e-mail as follows:
mark@netmusicworks.com
You may contact us by mail as follows:
NetMusicWorks
PO Box 746
Nassau, New York 12123