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MetronomePrinceton.comTM
Terms of Use
This web site
provides access to Music Education Resources for the Princeton, New Jersey
Area. Our Terms of Use describes what we can expect from you and what you
can expect from us. By accessing any areas of MetronomePrinceton.com,
users ("Users") agree to be legally bound and to abide by the terms set
forth below. MetronomePrinceton.com is owned and operated by Indigo Technology
Partners Inc. Any references herein to MetronomePrinceton.com shall be
deemed to refer to MetronomePrinceton.com and/or Indigo Technology Partners
Inc., as applicable under the circumstances.
I.
TRADEMARKS
MetronomePrinceton.com™
and My Private Studio™ are trademarks of Indigo Technology Partners Inc..
All rights reserved. These and other MetronomePrinceton.com graphics, logos
and trademarks of Indigo Technology Partners Inc. may not be used without
prior written consent of Indigo Technology Partners Inc. All other trademarks,
product names, and company names and logos appearing on MetronomePrinceton.com
are the property of their respective owners.
II.
DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly
agrees that use of MetronomePrinceton.com is at User's sole risk. Neither
MetronomePrinceton.com, nor any of their officers, directors, or employees,
agents, third-party content providers, merchants, sponsors, licensors (collectively,
"Providers"), or the like, warrant that MetronomePrinceton.com will be
uninterrupted or error-free; nor do they make any warranty as to the results
that may be obtained from the use of MetronomePrinceton.com, or as to the
accuracy, reliability, or currency of any information content, service,
or merchandise provided through MetronomePrinceton.com.
THIS SITE
IS PROVIDED BY METRONOMEPRINCETON.COM ON AN "AS IS"AND "AS AVAILABLE" BASIS.
METRONOMEPRINCETON.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE
BY APPLICABLE LAW, METRONOMEPRINCETON.COM DISCLAIMS ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. METRONOMEPRINCETON.COM WILL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL
DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY METRONOMEPRINCETON.COM
NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON
ANY SUCH INFORMATION OR ADVICE.
Under no circumstances
shall MetronomePrinceton.com or any other party involved in creating, producing,
or distributing MetronomePrinceton.com be liable for any direct, indirect,
incidental, special, or consequential damages that result from the use
of or inability to use MetronomePrinceton.com, including but not limited
to reliance by a User on any information obtained from MetronomePrinceton.com
or that result from mistakes, omissions, interruptions, deletion of files
or email, errors, defects, viruses, delays in operation or transmission,
or any failure of performance, whether or not resulting from acts of God,
communications failure, theft, destruction, or unauthorized access to MetronomePrinceton.com's
records, programs, or services. User hereby acknowledges that this paragraph
shall apply to all content, merchandise, and services available through
MetronomePrinceton.com. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages, in
such states liability is limited to the fullest extent permitted by law.
III.
CONTENT
a. PROPRIETARY
RIGHTS
User acknowledges
that MetronomePrinceton.com contains information, data, software, photographs,
graphs, videos, typefaces, graphics, music, sounds, and other material
(collectively "Content") that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights, and that these rights are valid
and protected in all forms, media and technologies existing now or hereinafter
developed. All Content is copyrighted as a collective work under the U.S.
copyright laws, and MetronomePrinceton.com owns a copyright in the selection,
coordination, arrangement, and enhancement of such Content. User 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, in whole or in part. If no specific restrictions
are displayed, Users may make copies of select portions of the Content,
provided that the copies are made only for User's personal use and that
User maintains any notices contained in the Content, such as all copyright
notices, trademark legends, or other proprietary rights notices. Except
as provided in the preceding sentence or as permitted by the fair use privilege
under the U.S. copyright laws (see,e.g., 17 U.S.C. Section 107), User may
not upload, post, reproduce, or distribute in any way Content protected
by copyright, or other proprietary right, without obtaining permission
of the owner of the copyright or other propriety right. In addition to
the foregoing, use of any software Content shall be governed by the software
license agreement accompanying such software.
b.
DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set
forth in Section III a. above, User may upload to or otherwise distribute
on MetronomePrinceton.com only Content that is not subject to any copyright
or other proprietary rights protection (collectively, "Public Content"),
or Content in which the author has given express authorization for distribution
on the World Wide Web. Any copyrighted or other proprietary Content distributed
with the consent of a copyright owner should contain a phrase such as "Copyright,
owned by [name of owner]; used by permission." The unauthorized submission
or distribution of copyrighted or other proprietary Content is illegal
and could subject the User to criminal prosecution as well as personal
liability for damages in a civil suit. User will be liable for any damage
resulting from any infringement of copyrights or proprietary rights, or
from any other harm arising from such submission. Neither MetronomePrinceton.com,
nor its affiliates, nor any of their officers, directors, employees, agents,
Providers, or the like, will be liable for any damage resulting from any
infringement of copyrights or proprietary rights, or from any other harm
arising from such User submission. In compliance with the Digital Millennium
Copyright Act, Users and other persons can report an infringement to MetronomePrinceton.com
at webmaster@MetronomePrinceton.com. By submitting Content to any User-submit
areas, including, without limitation, any Discussion Forums that the owner
of such Content has expressly granted MetronomePrinceton.com the royalty-free,
perpetual, irrevocable, nonexclusive right and license to use, reproduce,
publish, translate, sublicense, copy, and distribute the Content in whole
or in part worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed for the full term
of any copyright that may exist in such Content. User also permits any
other User to access, store, or reproduce the Content for that User's personal
use. Subject to this grant, the owner of Content placed on MetronomePrinceton.com
retains any and all rights which may exist in such Content.
c.
THIRD-PARTY CONTENT
MetronomePrinceton.com
is a publisher of Content supplied by third parties and Users. MetronomePrinceton.com
has no control over such Content. Any opinions, advice, statements, services,
offers, or other information that constitutes part of Content expressed
or made available by third parties, including Providers or any other User
of MetronomePrinceton.com, are those of the respective authors or distributors
and not of MetronomePrinceton.com or its affiliates or any of their officers,
directors, employees, or agents. Neither MetronomePrinceton.com nor its
affiliates, nor any of their officers, directors, employees, or agents,
nor any third party, including any Provider, or any other User of MetronomePrinceton.com,
guarantees the accuracy, completeness, or usefulness of any Content, nor
its merchantability or fitness for any particular purpose. In many instances,
the Content available through MetronomePrinceton.com represents the opinions
and judgments of the respective Provider, or User not under contract with
MetronomePrinceton.com. MetronomePrinceton.com neither endorses nor is
responsible for the accuracy or reliability of any opinion, advice, or
statement made on MetronomePrinceton.com by anyone other than authorized
MetronomePrinceton.com employees. Under no circumstances shall MetronomePrinceton.com,
or its affiliates, or any of their officers, directors, employees, or agents
be liable for any loss, damage or harm caused by a User's reliance on information
obtained through MetronomePrinceton.com. It is the responsibility of User
to evaluate the information, opinion, advice, or other Content available
through MetronomePrinceton.com.
d.
EXPORT
The U.S. export
control laws regulate the export and reexport of technology originating
in the United States. This includes the electronic transmission of information
and software to foreign countries and to certain foreign nationals. User
agrees to abide by these laws and their regulations -- including but not
limited to the Export Administration Act and the Arms Export Control Act
and not to transfer, by electronic transmission or otherwise, any Content
derived from MetronomePrinceton.com to either a foreign national or a foreign
destination in violation of such laws.
IV.
ONLINE CONDUCT
User agrees
to use MetronomePrinceton.com only for lawful purposes. User is prohibited
from posting on or transmitting through MetronomePrinceton.com any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racially, ethnically, or otherwise
objectionable material of any kind, including but not limited to any material
that encourages conduct that would constitute a criminal offense, give
rise to civil liability, or otherwise violate any applicable local, state,
national, or international law.
If MetronomePrinceton.com
is notified of allegedly infringing, defamatory, damaging, illegal, or
offensive Content provided by User, MetronomePrinceton.com may investigate
the allegation and determine in its sole discretion whether to remove or
request the removal of such Content from MetronomePrinceton.com. MetronomePrinceton.com
may disclose any Content or electronic communication of any kind (i) to
satisfy any law, regulation, or government request; (ii) if such disclosure
is necessary or appropriate to operate MetronomePrinceton.com; or (iii)
to protect the rights or property of MetronomePrinceton.com, its Users
or Providers.
MetronomePrinceton.com
reserves the right to prohibit conduct, communication, or Content that
it deems in its sole discretion to be harmful to individual Users, MetronomePrinceton.com,
the communities that make up MetronomePrinceton.com, or any rights of MetronomePrinceton.com
or any third party, or to violate any applicable law. Notwithstanding the
foregoing, neither MetronomePrinceton.com nor its Providers can ensure
prompt removal of questionable Content after online posting. Accordingly,
neither MetronomePrinceton.com, nor its affiliates, nor any of their officers,
directors, employees, or agents, nor Providers shall assume liability for
any action or inaction with respect to conduct, communication, or Content
on MetronomePrinceton.com.
V.
PRIVACY POLICY
In accordance
with the terms of MetronomePrinceton.com's Privacy Policy, http://www.MetronomePrinceton.com/PrivacyPolicy.php
and MetronomePrinceton.com'Children's Privacy Policy, http://www.MetronomePrinceton.com/ChildrensPrivacyPolicy.php,
MetronomePrinceton.com respects the privacy of its Users.
VI.
TERMINATION OF USAGE
MetronomePrinceton.com
may terminate User's access, or suspend any User's access to all or part
of MetronomePrinceton.com, without notice, for any conduct that MetronomePrinceton.com,
in its sole discretion, believes is in violation of any applicable law
or is harmful to the interests of another User, a third-party Provider,
a service provider, or MetronomePrinceton.com.
VII.
USAGE BY CHILDREN UNDER 13
MetronomePrinceton.com
cannot prohibit minors from visiting this site. MetronomePrinceton.com
must rely on parents, guardians and those responsible for supervising children
under 13 to decide which materials are appropriate for such children to
view and/or purchase whether in our Students Section or our other areas.
MetronomePrinceton.com
requires that all purchases be made either (i) by individuals 13 years
of age or older, or (ii) by minors under 13 through a MetronomePrinceton.com
authorized affiliated program which permits parents and other guardians
to both pay for the purchases of minors, and give verifiable permission
for such minors to purchase items on our site and for the collection by
us of certain information in accordance with the terms of our privacy policy.
EACH TIME YOU PURCHASE A PRODUCT AT METRONOMEPRINCETON.COM, YOU ARE REPRESENTING
TO METRONOMEPRINCETON.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL 13 YEARS
OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A METRONOMEPRINCETON.COM
AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS AND OTHER GUARDIANS
TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE PERMISSION
FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION BY
US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VIII.
APPLICABLE LAW
This site is
created and controlled by MetronomePrinceton.com in the State of New Jersey.
As such, the laws of the State of New Jersey will govern these disclaimers,
terms and conditions, without giving effect to any principles of conflicts
of laws. MetronomePrinceton.com reserves the right to make changes to its
site and these disclaimers, terms and conditions at any time. User hereby
irrevocably and unconditionally consents to submit to the exclusive jurisdiction
of the courts of the State of New Jersey and of the United States of America
located in the State of New Jersey for any litigation arising out of or
relating to use of or purchase made through MetronomePrinceton.com (and
agrees not to commence any litigation relating thereto except in such courts),
waives any objection to the laying of venue of any such litigation in the
New Jersey Courts and agrees not to plead or claim in any New Jersey Court
that such litigation brought therein has been brought in an inconvenient
forum.
IX.
SEVERABILITY
The provisions
of these Terms of Use are intended to be severable. If for any reason any
provision of these Terms of Use shall be held invalid or unenforceable
in whole or in part in any jurisdiction, such provision shall, as to such
jurisdiction, be ineffective to the extent of such invalidity or unenforceability
without in any manner affecting the validity or enforceability thereof
in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
ACKNOWLEDGMENT The Terms of Use, including all documents referenced herein,
represents the entire understanding between you and MetronomePrinceton.com
regarding your relationship with MetronomePrinceton.com and supersedes
any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS
OF USE by using the MetronomePrinceton.com web site. The aforementioned
Terms of Use are subject to change.
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