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TERMS OF USE AGREEMENT
BY USING THIS WEB SITE, YOU ARE INDICATING THAT YOU HAVE READ AND AGREE TO
BE BOUND BY, THE POLICIES, TERMS, AND CONDITIONS SET FORTH BELOW (THIS “AGREEMENT”)
IN THEIR ENTIRETY WITHOUT LIMITATION OR QUALIFICATION, AS WELL AS BY ALL APPLICABLE
LAWS AND REGULATIONS. IF YOU ARE DEEMED TO HAVE ORDERED A SERVICE PROVIDED ON
THIS WEB SITE, THEN NM SOCIETY’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON
YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION
OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY NM SOCIETY, YOUR
ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. IF YOU DO NOT AGREE TO THESE
TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
This Web site is provided by the Neapolitan Music Society (“NM Society”)
and may be used for informational purposes only. If the user is not an individual,
then “you” means your company, its officers, members, employees,
agents, representatives, successors and assigns.
Restrictions on Use
Except as otherwise permitted in writing by NM Society, no materials from the
NM Society site may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way. You may download material displayed on the NM Society
site for non-commercial, personal use only. If you do so, you agree to retain
all copyright and other proprietary notices contained on the materials. You
may not use, distribute, modify, transmit, or post the content of the NM Society
site for public or commercial purposes, including any text, images, audio,
or video without NM Society’s written permission. You may not mirror
any material contained on this site on any other server. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of NM Society without
express written consent. You may not use any meta tags or any other "hidden
text" utilizing NM Society’s name or trademarks without the express
written consent of NM Society. Any unauthorized use terminates the permission
or license granted by NM Society.
Intellectual Property
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, information, data, photographs, graphs, videos, typefaces,
graphics, music, sounds, and other material, and software (the “Materials”)
is the property of NM Society or its content suppliers and is protected by
copyrights, trademarks, trade secrets, or other proprietary rights and these
rights are valid and protected in all forms, media and technologies existing
now or hereinafter developed. All such content is copyrighted as a collective
work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international
treaty provisions, and NM Society owns a copyright in the selection, coordination,
arrangement and enhancement of such content. All software used on this site
is the property of NM Society or its software suppliers and protected by U.S.
and international copyright laws. You may not modify, remove, delete, augment,
add to, publish, transmit, participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the content on the site, in whole
or in part. Any use other than as contemplated herein, including the reproduction,
modification, distribution, transmission, republication, display, or performance,
of the content on this site, except as specifically permitted below, is strictly
prohibited. Neapolitan Music Society is a trademark of NM Society. All other
marks, names, and logos mentioned on the NM Society site are the property of
their respective owners. Your use of the NM Society trademark is strictly prohibited.
Limited License
NM Society grants you a limited, non-exclusive, non-transferable personal license
to access, display, and copy the Materials on the NM Society Web site for personal,
non-commercial use only, subject to the requirements set forth in this Agreement.
This license is conditioned on your continued compliance with the terms and
conditions in this Agreement. All rights not expressly granted herein are reserved.
Disclaimer of Warranties
You expressly agree that use of the NM Society site is at your sole risk. Neither
NM Society, nor its affiliates, nor any of their officers, directors or employees,
agents, third-party content providers, merchants, sponsors or licensors (collectively, “Providers”),
or the like, warrant that the NM Society site will be uninterrupted or error-free;
nor do they make any warranty as to the results that may be obtained from the
use of the NM Society site, or as to the accuracy, completeness, reliability,
security or currency of the Materials. The Materials may contain errors, omissions,
inaccuracies, or outdated information. Further, NM Society does not warrant
reliability of any advice, opinion, statement or other information displayed
or distributed through the site. NM Society reserves the right, in its sole
discretion, to correct any errors or omissions in any portion of the site.
NM Society may make any other changes to the site, the Materials and the products,
programs, services or prices (if any) described in the site at any time without
notice.
THIS SITE AND THE INFORMATION, CONTENT AND MATERIALS ON THIS SITE, ARE PROVIDED
BY NM SOCIETY ON AN "AS IS," “WHERE IS” AND “WHERE
AVAILABLE” BASIS. NM SOCIETY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE,
THE CONTENT, INFORMATION OR THE MATERIALS ON THE NM SOCIETY SITE, TO THE FULLEST
EXTENT PERMISSIBLE UNDER APPLICABLE LAW. NM SOCIETY EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY THE MATERIALS, CONTENT OR
INFORMATION ON THE NM SOCIETY SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES
OFFERED, SOLD, OR DISPLAYED ON THE NM SOCIETY SITE OR YOUR USE OF THE NM SOCIETY
SITE GENERALLY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT, NON-INFRINGEMENT, AND NON-INTERFERENCE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES
SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS
APPLICABLE TO THIS AGREEMENT.
Limitation of Liabilities
YOU AGREE THAT NM SOCIETY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE,
LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION
OR USE OF THE MATERIALS, CONTENT OR INFORMATION ON THE NM SOCIETY SITE REGARDLESS
OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT,
INCLUDING WITHOUT LIMITATION A NEGLIGENT ACT, SHALL NM SOCIETY OR ANY OF ITS
PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR
CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION,
OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS,
CONTENT OR INFORMATION ON THE NM SOCIETY SITE OR ANY OTHER PRODUCTS, SERVICES,
OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THE NM SOCIETY SITE, YOUR USE
OF, OR INABILITY TO USE, THE NM SOCIETY SITE GENERALLY, OR OTHERWISE IN CONNECTION
WITH THIS AGREEMENT, REGARDLESS OF WHETHER NM SOCIETY OR ANY OF ITS PROVIDERS
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THESE
LIMITATIONS APPLY EVEN IF THE THE REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE
AND THAT, WITHOUT THESE LIMITATIONS, YOU WOULD PAY A HIGHER FEE FOR THE SERVICES
PROVIDED HEREUNDER. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU.
Representations and Warranties
By using this site, you represent and warrant that (i) you understand and agree
that this Agreement is a legally binding agreement and the equivalent of a
signed, written contract; (ii) you will use this Web site in a manner consistent
with all applicable laws and regulations and in accordance with the terms and
conditions of this Agreement; (iii) you are authorized to sign for and bind
the contracting party; (iv) you will not impersonate any person or entity,
misrepresent any affiliation with another person, entity or association, use
false headers or otherwise conceal your identity from NM Society for any purpose.
As a reasonable estimation of the damages arising from your breach of the foregoing
representations, you agree to pay NM Society $50 for each such breach.
Indemnifications
You agree to indemnify, defend and hold harmless NM Society, its affiliates,
agents, employees and licensors from and against any and all claims and expenses,
including reasonable attorneys’ fee, arising out of or related in any
way to your use of the site, violation of this Agreement, violation of any
law or regulation or violation of any proprietary or privacy right.
Dispute Resolution
Any dispute relating in any way to your use of the NM Society site shall be submitted
to confidential arbitration in Austin, Texas, except that, to the extent you
have in any manner violated or threatened to violate NM Society’s intellectual
property rights, NM Society may seek injunctive or other appropriate relief
in any court, and you consent to exclusive jurisdiction and venue in such court.
Arbitration under this Agreement shall be conducted under the rules then prevailing
of the American Arbitration Association. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction. To
the fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
Term and Termination
Without limiting its other remedies, NM Society may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate the license granted
under this Agreement if you fail to comply with any term or condition of this
Agreement. Upon such violation, you agree to terminate access to the NM Society
site.
Hyperlink Disclaimers
As a convenience to you, NM Society may provide, on this site, links to Web sites
operated by other entities (collectively, the “Linked Sites”).
If you use any Linked Sites, you will leave this site. If you decide to visit
any Linked Site, you do so at your own risk and it is your responsibility to
take all protective measures to guard against viruses and other destructive
elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext
links, IMG links) are not maintained, controlled or otherwise governed by NM
Society. The content, accuracy, opinions expressed, and other links provided
by Linked Sites are not investigated, verified, monitored, or endorsed by NM
Society. NM Society does not endorse, make any representations regarding or
warrant any information, goods and/or services appearing or offered on any
Linked Site, other than linked information authored by NM Society. Links do
not imply that NM Society or this site sponsors, endorses, is affiliated or
associated with, or is legally authorized to use any trademark, trade name,
logo or copyright symbol displayed in or accessible through the links, or that
any Linked Site is authorized to use any trademark, trade name, logo or copyright
symbol of NM Society or any of its affiliates or subsidiaries. Except for links
to information authored by NM Society, NM Society is neither responsible for
nor will it be liable under any theory based upon (i) any Linked Site; (ii)
any information or content found on any Linked Site; or (iii) any site(s) linked
to or from any Linked Site. If you decide to visit any Linked Sites and/or
transact any business thereon, you do so at your own risk. NM Society reserves
the right to discontinue any Linked Site at any time without prior notice.
Please contact the web masters of any Linked Sites concerning any information,
goods or services appearing thereon.
Choice of Law
This site is controlled, operated and administered by NM Society from its offices
within Austin, Texas, United States of America. NM Society makes no representation
that materials at this site are appropriate or available for use at other locations
outside of the United States and access to them from territories where their
contents are illegal is prohibited. You may not use the site or export the
Materials in violation of U.S. export laws and regulations. If you access this
site from locations outside of the United States, you are responsible for compliance
with all local laws. This Agreement shall be governed by the laws of the State
of Texas, without giving effect to its conflict of laws provisions that direct
the application of the laws of a different jurisdiction. This is the case regardless
of whether you reside or transact business with NM Society in Texas or elsewhere.
Limitations on Claims
Any cause of action you may have with respect to your use of the site must be
commenced within one (1) year after the claim or cause of action arises.
Entire Agreement
This Agreement constitutes the entire agreement between NM Society and you with
respect this Web site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between the customer and
NM Society with respect to this Web site. A printed version of this agreement
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. If for any
reason a court of competent jurisdiction finds any provision of the Agreement
or portion thereof, to be unenforceable, that provision shall be enforced to
the maximum extent permissible so as to effect the intent of the Agreement,
and the remainder of this Agreement shall continue in full force and effect.
No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default.
Modifications to Agreement
NM Society may revise the Agreement at any time and you agree to be bound by
the revised Agreement. Any such modifications will become effective upon the
date they are first posted to this site. It is your responsibility to return
to this Agreement from time to time to review the most current terms and conditions.
NM Society does not and will not assume any obligation to notify you of changes
to this Agreement. This Agreement shall supersede any prior terms or conditions
included with any communications or agreement, whether or not such terms or
conditions are signed by NM Society.
Designated Agent
Pursuant to Section 512(c)(2) of the Copyright Revision Act, as enacted through
the Digital Millennium Copyright Act, NM Society designates an agent as described
below, to receive notifications of claimed infringement:
Legal name and address of service provider:
Neapolitan Music Society
4107 Wildwood Rd.
Austin, Texas 78722
Name under which service provider does business: Neapolitan Music Society
Designated Agent: Peter A. Ravella, NMS Board Chairman
Designated agent's address: 4107 Wildwood Road, Austin, Texas 78722
Telephone, fax, and e-mail address of designated agent:
Phone: 512-784-3565 (ph)
Fax: 866-784-3959
E-mail: pravella@neapolitanmusicsociety.org
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent or agreement you transmit through
the NM Society Web site, including but not limited to any consent you give
to receive communications from NM Society solely through electronic transmission.
You agree that, when in the future you click on an "I agree," "I
consent" or other similarly worded "button" or entry field with
your mouse, keystroke or other computer device, your agreement or consent will
be legally binding and enforceable and the legal equivalent of your handwritten
signature.
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