Table of Contents
- Your Agreement to the Terms.
- Changes to the Terms.
- Provision of the Websites and Services.
- Location of the Websites and Services.
- User Conduct.
- Terms Relating to Content on the Websites and Services.
- Third Party Websites and Content; Links.
- Participating in Our Community: Registered Users.
- Registration; Security.
- Disclaimer of Warranties.
- Limitation of Liability.
- Copyright Complaints; DMCA Compliance.
- Termination of this Agreement.
- Choice of Law & Arbitration.
- Miscellaneous Terms.
2. Your Agreement to the Terms. Your access or use in any way of any Foundation controlled Website or Service, including, but not limited to, our course platform and discussion forums signifies that you have read, understand and agree to be bound by these Terms. By accessing or using any Foundation controlled Website or Service you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Website or Service. If you do not agree to the Terms, you are not authorized to use any Website or Service.
3. Changes to the Terms. From time to time, the Foundation may change, remove, add to or otherwise modify the Terms, and reserves the right to do so at its discretion. In that case, we will post the updated Terms, as relevant, to the applicable Website(s) and indicate the date of revision. We encourage you to periodically review the Terms. In addition, if our modifications are material, we may display a notice on the Websites indicating that the Terms have changed. All new and/or amended Terms take effect immediately. Notwithstanding the foregoing, no modification to the Terms will apply to any dispute between you and the Foundation that arose prior to the effective date of any modification. Your continued use of any Foundation controlled Website or Service after new and/or revised Terms are effective signifies that you have read, understood and agreed to those Terms.
4. Provision of the Websites and Services. You may only use the Websites and Services in accordance with these Terms. In particular but without limitation, you may not use the Websites and Services for any purpose that is unlawful or prohibited by these Terms, or any other conditions or notices that are made available on any Website or Service.
5. Location of the Websites and Services. The Websites and Services are controlled and offered by the Foundation from facilities in the United States of America. The Foundation makes no representations that the Websites or Services are appropriate or available for use in other locations. If you are accessing or using any Website or Service from other jurisdictions, you do so at your own risk and you are responsible for compliance with local law. Notwithstanding the foregoing, the Websites may contain or provide links to Content (as defined below) hosted on servers located outside of the United States of America.
- Post, use or transmit Content that you do not have the right to post or use, for example, under intellectual property, confidentiality, privacy or other applicable laws;
- Post, use or transmit unsolicited or unauthorized Content, including advertising or promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unsolicited or unwelcome solicitation or advertising;
- Post, use or transmit Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or otherwise interfere with or disrupt the Websites or Services or servers or networks connected to the Websites or Services, or that disobeys any requirements, procedures, policies or regulations of networks connected to the Websites or Services;
- Post or transmit Content that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false and misleading, incites an illegal act, or is otherwise in breach of your obligations to any person or contrary to any applicable laws and regulations;
- Intimidate or harass another user;
- Use or attempt to use another’s account, service, or personal information;
- Remove, circumvent, disable, damage or otherwise interfere with any security-related features that enforce limitations on the use of the Websites or Services;
- Attempt to gain unauthorized access to the Websites or Services, other accounts, computer systems or networks connected to the Websites or Services, through hacking password mining or any other means or interfere or attempt to interfere with the proper working of the Websites or Services or any activities conducted through the Websites or Services;
- Use any means to bypass or ignore any measures we use to restrict access or use of the Websites or Services;
- Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Post or transmit any personally identifiable information about persons under 13 years of age;
- Engage in any other behavior that impairs the Foundation’s ability to provide the Website or Services or any user’s ability to fully utilize the Website or Services.
- In addition, you may not (and may not authorize another party to): (i) frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution of a third party that is reasonably likely to give the user the impression that that third party has the right to display, publish or distribute the Website); or, (ii) use any Website or function, in any manner that could disable, overburden, damage or impair such Website or function, or interfere with any other party’s use and enjoyment of any Website or function.
- Responsibility for Content. You understand that all material, data and information, such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images (collectively, “Content”) which you may have access to as part of, or through your use of, the Websites and Services are the sole responsibility of the person from which such Content originated. This includes assertions that persons may make, expressly or impliedly, about the provenance and ownership of Content that they supply, upload, list and/or link to. You understand that by using the Websites and Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances is the Foundation liable in any way for any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted to, linked to or otherwise accessible or made available via the Websites and Services.
- Content You Provide. You may only submit Content to the Websites or in connection with the Services that you have the right to submit. This means that you can only submit Content that you yourself create, that is in the public domain or that you have been expressly granted the right to submit consistent with these Terms. For the avoidance of doubt, Content that infringes the rights of any third party (e.g., Content used without express permission of the copyright owner and not otherwise permitted by law) must not be submitted. You represent, warrant and agree that no Content of any kind submitted, posted or otherwise shared by you on or through any of the Foundation controlled Websites or Services, violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contains libelous, defamatory or otherwise unlawful material. Further, you represent, warrant and agree not to submit any personally identifiable information, including any Content containing personally identifiable information, about any person who is under 13 years of age. The Foundation may, but is not obligated to, review your submissions and may delete or remove (without notice) any Content at its sole discretion that the Foundation determines violates the Terms or that may be offensive, illegal, or that might violate the rights, harm or threaten the safety of others. The Foundation does not endorse or support any Content posted by you or any other third party on or through the Websites or Services. You alone are responsible for creating backup copies and replacing any Content you post on the Websites or Services, and you authorize the Foundation to make copies of your Content as deemed necessary in order to facilitate the posting of your Content on the Websites or Services. You may request the removal of your Content from the Websites or Services at any time, and the Foundation will take reasonable steps to promptly remove such Content; provided, however, that the Foundation can remove any such Content only from its Websites and is not responsible for removing Content from email archives, wiki history pages and similar community forums where you may post content, or others’ computers. If you choose to remove your Content, the Foundation license you granted when submitting such Content will remain in full force and effect in accordance with its terms.
- Use of Content on the Website or Services. You may use the Content you find on the Websites or Services in accordance with the terms of the license applicable to that Content. For the avoidance of doubt, you must attribute all Content (except public domain Content) in the manner specified by the author or licensor (including attribution to any designated Attribution Party) and in accordance with the terms of such license and you must not remove or alter any copyright, trademark, name or other notice or legend that appears in connection with the Content, except as explicitly authorized in or required by the terms of the Content license.
You represent and warrant to the Foundation that you will use any and all Content on our Websites or Services in accordance with the applicable license. You should be sure to review the terms of that license before you use the Content to which it applies so that you know what you can and cannot do. By using the Websites or Services, you agree that you are solely responsible for your use of any and all Content made available thereon. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the provenance, ownership, accuracy, completeness, or reliability of such Content. In this regard, you acknowledge that you may not rely on any Content made available on the Websites or Services without your own independent evaluation of that Content. The Foundation does not guarantee that all Content made available on the Websites or Services does not infringe the rights of any third party.
8. Third Party Websites and Content; Links. The Websites or Services may contain links to websites not controlled by the Foundation (“Third Party Websites”), as well as Content belonging to or originating from persons or organizations other than the Foundation (“Third Party Content”). You further acknowledge that the Foundation (a) is not responsible or liable for any Third Party Websites or any Third Party Content, information or products made available at any Third Party Website; (b) has not reviewed any Third Party Websites or Third Party Content for accuracy, appropriateness, completeness or non infringement; (c) has not sponsored or otherwise endorsed Third Party Websites or Third Party Content; and (d) makes no representations or warranties whatsoever about any Third Party Websites or Third Party Content.
9. Participating in Our Community: Registered Users. Registering for an account on any Foundation controlled Services, Websites, or webpage including, but not limited, to our course platform and discussion forums is void where prohibited. Only persons who are over the age of majority in their geographic jurisdiction (which typically is 18, but may be different in your jurisdiction) and fully competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Terms and to abide by and comply with the Terms may register for an account and use the related Services; provided, however, that if you are under the age of majority in your jurisdiction but 13 years of age or older, you may join with the express permission of your parent or legal guardian. Any registration by, use of or access to the Services provided to Registered Users (defined below) by anyone (1) under the age of 13 or (2) under the age of majority in their jurisdiction but without parental or guardian permission, is unauthorized, unlicensed and a violation of these Terms. Individuals that register for an account on any of the Websites or use the related Services are defined as “Registered Users.” By registering for an account or using the Services, you represent and warrant that you (1) are the age of majority in your jurisdiction or, (2) are 13 years of age or older and have the express permission of a legal guardian to become a Registered User and use Services made available to Registered Users, and you further agree to abide by all of the terms and conditions of these Terms. All services offered to Registered Users, including but not limited to the course platform, are provided subject to these Terms. The Foundation reserves the right to modify or discontinue the accounts of users and related Services at any time. The Foundation disclaims any and all liability to users and third parties in the event the Foundation exercises its right to modify or discontinue user accounts or related Services.
10. Registration; Security. You agree to (a) provide accurate, current and complete information about you, if and as may be prompted by the registration process on any of the Websites, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update your registration information and any other information you provide to the Foundation, and to keep it accurate and complete to, among other things, allow us to contact you, and (d) be fully responsible for all use of your account and for any actions that take place using your account. It is your responsibility to ensure that the Foundation has up-to-date contact information for you. You may not set up an account or membership on behalf of another individual or entity unless you are authorized to do so. In addition, the Foundation may, at any time: (a) modify, suspend or terminate the operation of or access to your user account for any reason; (b) modify or change such Websites and Services and any applicable Terms and policies governing your user account and related Websites and Services for any reason; and (c) interrupt user accounts and related Websites and Services for any reason, all as the Foundation deems appropriate in its discretion. Your access to your account, and use of the related Websites and Services may be terminated by you or by the Foundation at any time and for any reason whatsoever, without notice. In addition, the Foundation reserves the right to delete and purge any account and all Content associated therewith following any prolonged period of inactivity, all as may be determined by the Foundation in its complete discretion.
11. Disclaimer of Warranties. To the fullest extent permitted by the applicable law, the Foundation offers its websites and services “AS-IS” and makes no representations or warranties of any kind concerning the Websites or Services, express, implied, statutory or otherwise, including, without limitation, Warranties of Title, Merchantability, Fitness for a Particular Purpose, or non-infringement. The Foundation does not warrant that the functions or content contained in its Websites or accessed through its Services will be uninterrupted or error-free, that defects will be corrected, or that the Foundation servers are free of viruses or other harmful components. The Foundation does not warrant or make any representation regarding use or the result of the use of the content in terms of accuracy, reliability, or otherwise.
12. Limitation of Liability. Except to the extent required by applicable law and then only to that extent, in no event will the Foundation, its employees, officers, directors, affiliates or agents (“The Foundation Parties”) be liable to you on any legal theory for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary or other damages, including without limitation, loss of revenue or income, lost profits, pain and suffering, emotional distress, cost of substitute goods or services, or similar damages suffered or incurred by you or any third party that may arise in connection with the Foundation controlled Websites or Services (or the termination thereof for any reason), even if the Foundation Parties have been advised of the possibility of such damages. IF YOU ARE DISSATISFIED WITH US, ANY OF OUR SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE. The Foundation Parties shall not be responsible or liable whatsoever in any manner for any content posted on the Websites or Services (including claims of infringement relating to content posted on the Websites or Services), for your use of the Websites or Services, or for the conduct of third parties whether on the Websites, in connection with the Services or otherwise relating to the Services.
15. Copyright Complaints; DMCA Compliance. The Foundation respects the intellectual property rights of others, and we prohibit users of our Websites and Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. The Foundation complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). As required by the DMCA, a Designated Agent has been established with proper documentation sent to the US Copyright Office. For more information, please refer to our DMCA Notice and Takedown Procedure (http://www.tomkohlmusic.com/dmca). Contact our designated agent to report alleged copyright infringement.?The designated agent is:
Additionally, it is our policy to terminate usage rights and any applicable user accounts of users we determine, in our sole discretion, to be intentional infringers of others’ copyrights. Content hosted on Third Party Websites is the responsibility of those Websites. If you are the copyright owner of Content hosted on a Third Party Website, and you have not authorized the use of your Content, please contact the administrator of the hosting Website directly to have the Content removed.
16. Termination of this Agreement. Your right to access and use the Websites and Services terminates automatically upon your breach of any of these Terms. The Foundation may, at any time: (a) modify, suspend or terminate the operation of or access to any of the Websites or Services, or any portion of the Websites or Services, for any reason; (b) modify or change the Websites or Services, or any portion of the Websites or Services, and any Terms and other policies governing the use of the Websites or Services, for any reason; (c) interrupt the operation of the Websites or Services, or any portion of the Websites or Services, for any reason, all as the Foundation deems appropriate in its sole discretion. The disclaimer of warranties, arbitration, the limitation of liability and the jurisdiction and applicable law provisions shall survive any termination. The license grants mentioned herein shall continue in effect subject to the terms of the applicable license. Your warranties and indemnification obligations shall survive any termination.
17. Choice of Law & Arbitration. These Terms are governed by and construed by the laws of the District of Columbia, in the United States, exclusive of its choice of law rules. Further, except where prohibited, you agree that: (1) any and all disputes, claims and causes of action arising out of your use of the Website or Services or these Terms shall be submitted to the alternative dispute resolution service, JAMS, for binding arbitration under its rules then in effect in the Washington, D.C. area, without resort to any form of class action, and determined by one (1) arbitrator to be mutually agreed upon by both parties, with the parties agreeing to share equally in the arbitration costs; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with use of the Website or Services, but in no event attorneys’ fees; and (3) under no circumstances will you be permitted to obtain awards for, and, by using the Website or Services waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or any rights and obligations arising from use of the Website or Services or these Terms, shall be governed by, and construed in accordance with, the laws of the District of Columbia without giving effect to any choice of law or conflict of law rules (whether of the District of Columbia or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the District of Columbia. Please note that this arbitration provision shall survive the termination of your relationship with us.
18. Miscellaneous Terms. Either party’s failure to insist on or enforce strict performance of any of the Terms shall not be construed as a waiver of any provision or right. If any term or part of the Terms is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The parties agree that no joint venture, partnership, employment, fiduciary, or agency relationship exists between you and the Foundation as a result of these Terms, or your use of any of the Websites or Services. These Terms constitute the entire agreement between you and the Foundation relating to this subject matter and supersede all prior, contemporaneous and future communications (with the exception of future amendments to the Terms as made available by the Foundation from time to time) between you and the Foundation. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generating and maintained in printed form.