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In these Terms, “you” and “your” refer to (a) you, the individual accessing the Site, (b) any electronic agent accessing the Site on behalf of an individual or business entity, and © the business entity on whose behalf an individual or electronic agent is accessing the Site; and “Music@Menlo”, “we”, “us” or “our” refer to Music@Menlo and all of its respective members, affiliates, subsidiaries, directors, officers, agents and employees.
By using or visiting the Site, you acknowledge that you have read and understood these Terms and thatyou expressly agree to be bound by these Terms. You agree 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. 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 may only use the Site 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, including without limitation, if you join one of our membership circles, make a donation or purchase tickets. Users for whom accounts have been established are referred to in these Terms as “Account Holders.” Account Holders are entirely responsible for maintaining the confidentiality of their account information, including login IDs and passwords, and for any and all activity that occurs under their account or login ID. Account Holders shall notify Music@Menlo immediately upon learning of any unauthorized use of their account, login ID, or password or any other unauthorized access or breach of security. However, Account Holders may be held liable for losses incurred by Music@Menlo or any other person or entity due to another person using their account, login ID, or password.
You consent to receive communications from us electronically. We will communicate with you electronically, by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms.
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. In addition, it is expressly prohibited to“frame” the Site or any Content or otherwise cause the Site or any Content to appear in a window with any other material that does not constitute Content or imply or state that any type of relationship or special arrangements exist with Music@Menlo and any other entity.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. You may not remove this notice or these credits or any additional information contained along with the notices and credits.
LINKS AND SEARCH RESULTS
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.
ACCESS AND INTERFERENCE
You understand and agree that Music@Menlo owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site, and all information, text, data, computer code, music, artwork, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the “Content”), as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content.
You agree that you will not:
· Use any robot, spider, other automatic device, or manual process to monitor or copy the Site or the Content contained thereon for any other unauthorized purpose without our prior express written permission;
· Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Music@Menlo Site;
· Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
· Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Music@Menlo representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
· Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
· Harvest or otherwise collect information about others;
· Upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity; or
· Violate any applicable local, state, national or international law.
Music@Menlo grants you a personal, non-exclusive, non-transferable, limited license to use the Site solely for your personal or internal use. You agree that you will not copy, reproduce, alter, modify, create derivative works from, reverse engineer, attempt to discover any source code, sublicense or transfer any right in or access to the Site or publicly display any Content (except for your own personal, noncommercial use) from the Site without the prior express written permission of Music@Menlo.
UNAUTHORIZED USE OF THE SITE
Music@Menlo does not guarantee that (i) tickets or other merchandise listed on the Site are available; (ii) venues, performers, programs, dates or times will not change; (iii) tickets will correspond to a specific seat; or (iv) the content or duration of any performance will not change. 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.
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 TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
MUSIC@MENLO AND/OR OUR THIRD PARTY SUPPLIERS OR LICENSORS DO NOT REPRESENT, WARRANT OR COVENANT THAT THE SITE IS OR WILL BE ACCURATE, CURRENT, COMPLETE, FREE OF TECHNICAL AND TYPOGRAPHICAL ERRORS, SECURE, RELIABLE, OR APPROPRIATE FOR ANY PARTICULAR USE TO WHICH YOU OR ANY THIRD PARTY MAY CHOOSE TO PUT THEM, THAT THEY ARE OR WILL BE AVAILABLE ON AN UNINTERRUPTED AND ERROR-FREE BASIS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. MUSIC@MENLO PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE SITE WITHOUT NOTICE. FURTHER, MUSIC@MENLO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. MUSIC@MENLO SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE CONTENT, OR ANY OTHER INFORMATION ON THE SITE.
LIMITATION ON LIABILITY
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, arising out of or in connection with these Terms, even if Music@Menlo has been advised of the possibility of such damages.
WITHOUT LIMITING ANY OF THE FOREGOING, IF MUSIC@MENLO, ITS SPONSORS, SUPPLIERS, CONTENT-PROVIDERS, OR ANY OF THE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AGENTS OF ANY OF THE FOREGOING, IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SITE, MUSIC@MENLO AND SUCH PARTIES’ CUMULATIVE, AGGREGATE, AND MAXIMUM LIABILITY FOR ALL SUCH CLAIMS AND OTHER MATTERS IN ANY CALENDAR YEAR SHALL NOT EXCEED USD $100.
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 without limitation, your use of the Site to provide a link to another site or to upload content or other information to the Site; your violation of these Terms; your violation of any applicable law or regulation; or your violation of the rights of another. We reserve, and you grant to us, the right to assume exclusive defense and control of any matter subject to indemnification by you hereunder. All rights and duties of indemnification that are set forth herein shall survive termination of these Terms.
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/or membership is your sole right and remedy with respect to any dispute with Music@Menlo.
LAW AND LEGAL NOTICES
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 expressly provided for herein, these Terms do not confer any rights, remedies, or benefits upon any person or entity other than you and Music@Menlo.
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.
Please contact us at email@example.com with any questions regarding this Agreement.