Terms and Conditions

Welcome to the Music@Menlo Website (www.musicatmenlo.org). Music@Menlo is a program offered by Menlo School. In conjunction with our Privacy Policy, the following are the rules or “Terms” that govern the use of the Music@Menlo Website (“Site”). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. If you violate these Terms, Music@Menlo may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

Neither this Site nor any part of it is intended for use by any child under the age of thirteen years. We do not knowingly collect information from anyone who is under thirteen years of age. If you are under thirteen years of age, you do not have our permission to use this Site, even if you are under the supervision of your parent or guardian. If you are over thirteen years of age but still under eighteen years of age, you have our permission to use this website only if you are doing so with the consent of your parent or guardian and your parent or guardian has agreed to be bound by these Terms.

We establish accounts for users whenever we receive an email address in connection with the use of this Site. Users for whom accounts have been established are referred to in these Policies as “account holders.” For additional information regarding Music@Menlo’s use of information collected in connection with this Site, please refer to Music@Menlo’s Privacy Policy, a copy of which is available at http://www.musicatmenlo.org/about/privacy-policy and which is expressly made part of this Agreement.

You can purchase tickets or reserve tickets for free performances on this Site. Ticket information and policies are found at http://www.musicatmenlo.org/about/ticket-info-policies.

You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use and that you shall not duplicate, download, publish, modify, or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase merchandise for your personal use, unless otherwise specifically authorized by Music@Menlo to do so. You also agree not to deep link to the Site for any purpose, unless specifically authorized by Music@Menlo to do so. The content and software on this Site is the property of Music@Menlo and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits or any additional information contained along with the notices and credits.

The Site may provide links and/or automatically produce search results that reference or link to third-party sites throughout the World Wide Web. Music@Menlo has no control over these sites or the content within them. Music@Menlo cannot guarantee, represent, or warrant that the content contained in the sites is accurate, legal, and/or inoffensive. Music@Menlo does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Music@Menlo for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify the webmaster, and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon for any other unauthorized purpose without our prior express written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Music@Menlo Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, noncommercial use) from the Site without the prior express written permission of Music@Menlo.

Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal, and injunctive redress.

Music@Menlo does not promise that the Site will be error-free or uninterrupted or that it will provide specific results from the use of the Site or any content, search, or link on it. The Site and its content are delivered on an “as-is” and “as-available” basis. Music@Menlo cannot ensure that files you download from the Site will be free of viruses, contamination, or destructive features. Music@Menlo disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. Music@Menlo will not be liable for any damages of any kind arising from the use of this Site, including without limitation direct, indirect, incidental, and punitive and consequential damages. Music@Menlo makes no guarantee of any specific result from the use of this Site. Music@Menlo disclaims any and all liability for the acts, omissions, and conduct of any third-party users, Music@Menlo users, advertisers, and/or sponsors on the Site, in connection with Music@Menlo services or otherwise related to your use of the Site and/or Music@Menlo services. Music@Menlo is not responsible for the products, services, actions, or failure to act of any venue, performer, promoter, or other third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third-party advertisers or service and/or product providers referenced on or included in the Site to Music@Menlo by emailing the responsible party. Music@Menlo may investigate the claim and take appropriate action, in its sole discretion.

Except in jurisdictions where such provisions are restricted, in no event will Music@Menlo be liable to you for any indirect, consequential, exemplary, incidental, special, or punitive damages, including also lost profits, even if Music@Menlo has been advised of the possibility of such damages.

If there is any dispute about or involving the Site, including any claim involving Music@Menlo or its partners, parents, affiliates, employees, contractors, officers, directors, or suppliers, by using the Site, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree to personal jurisdiction by and a venue in the state courts of the State of California in the county of San Mateo and in federal courts in the State of California in the county of Santa Clara.

You agree to indemnify and hold harmless Music@Menlo and its agents, employees, representatives, licensors, affiliates, and officers from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

You agree that any unauthorized use of the Site or any related software or materials would result in irreparable injury to Music@Menlo and/or its affiliates for which money damages would be inadequate, and in such event Music@Menlo and/or its affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Music@Menlo and/or its affiliates may have under separate legal authority.

Music@Menlo may in its sole discretion terminate this Agreement, terminate your membership, or suspend your account at any time without notice to you in the event that you breach (or Music@Menlo reasonably suspects that you have breached) any provision of this Agreement. If Music@Menlo terminates this Agreement or suspends your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you and Music@Menlo will not refund any amounts that you have previously paid. You understand and agree that your cancellation of your account and membership is your sole right and remedy with respect to any dispute with Music@Menlo.

This Agreement and any other terms or documents referred to herein represent your entire agreement with Music@Menlo with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Except as explicitly stated otherwise, any notices will be given by postal mail to

Attention: Edward Sweeney
50 Valparaiso Avenue
Atherton, CA 94027

or, in your case, to the email address you provide to Music@Menlo (either during the registration process or when your email address changes). Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Music@Menlo may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Music@Menlo. In such case, notice will be deemed given three days after the date of mailing.

Music@Menlo reserves the right, in its sole discretion, to modify or replace any of these Terms of Use or the Privacy Policy or change, suspend, or discontinue the services of the Site (including without limitation the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Site, via email or by another appropriate means of electronic communication. Except as stated otherwise in these Terms of Use or the Privacy Policy referenced or linked herein, all amended terms shall automatically be effective immediately for new users and upon thirty days’ notice after they are initially posted for existing users. Music@Menlo may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. While Music@Menlo will provide timely notice of modifications, it is also your responsibility to check these Terms of Use periodically for changes. Your continued use of the services of the Site following notification of any changes to these Terms of Use constitutes acceptance of those changes.

Please contact us at info@musicatmenlo.org with any questions regarding this Agreement.

Effective: 06/12/2014