July 5, 2018

Terms and Condition of Use

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ArtsInteractive Site and Related Services
Terms and Condition of Use
Updated June 28, 2018

THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS OF USE SET FORTH BELOW (“TERMS AND CONDITIONS”). PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOU TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

Users of Music In the Air (“MITA”) and other ArtsInteractive, Inc. (“ArtsInteractive”) products and services are bound to the corresponding End User License Agreement (“EULA”) for each of those services. Those agreements, along with our Privacy Policy, form a part of these Terms and Conditions and apply to your use of this website.

ArtsInteractive’s Privacy Policy can be found here.
MITA’s EULA can be found here.

1. Restrictions on Use

All pages within artsinteractiveinc.com and any material made available for download there (collectively the “Site”) are the property of ArtsInteractive and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of ArtsInteractive, for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable EULAs.

You may not claim ownership or control of the Site nor suggest any affiliation with the Site apart from affiliations made explicitly in writing with ArtsInteractive. You may not use a similar domain name to the Site’s in order to divert traffic from the Site.

Files intended for download will be accompanied by instructions for downloading and/or language giving you permission to download. If the page on which a downloadable file is made available does not expressly state that you may share the file, then you must secure written permission from ArtsInteractive to share it. Except for content explicitly made available for download, you may not download any portion of the Site’s content, code, or design by any means, manual or automated. You may not copy, mirror, replicate, or reverse engineer any part of the Site.

All users must be at least sixteen years old in order to use the Site. If you are under sixteen years old, you may not use the Site or make any purchase from ArtsInteractive without your parent or guardian’s supervision.

Your right to access and use the Site is personal to you, unless explicitly noted otherwise. You may use the Site for your personal use only. Commercial uses are prohibited without express written permission from ArtsInteractive. Such written permission may in some cases be granted by the EULA for a particular product. You may not use the Site in any way that could damage or impair its functionality for other users.

Access to certain areas of the Site may be restricted to specific users or groups of users, and you may not attempt to gain access to these areas in any way that is not intentionally granted by ArtsInteractive in the form of a password, code, URL, or other means. Accessing these areas in an unauthorized way—including, but not limited to, hacking, password guessing, or using another user’s credentials—is strictly prohibited. You must keep private your access, username, and password to the Site. If you do not comply with prompts for selecting and maintaining a suitable password, you may lose access to the Site.

You may use a standard web browser (e.g. Firefox, Chrome, Safari, Internet Explorer, Opera, or a comparable browser), on a computer or mobile device, to access the Site. All other means of accessing the Site are prohibited.

Any rights not expressly granted by these Terms and Conditions or an applicable EULA are reserved by ArtsInteractive.

2. Trademark Notice

The MITA, Music In the Air, and ArtsInteractive logos seen in various forms throughout the Site are the logos, trademarks, and service marks of ArtsInteractive. All other logos, trademarks, and service marks used on this Site are the trademarks, service marks or logos of their respective owners. The removal, replacement, or obfuscation of any logo, trademark, service mark, copyright notice, or other indicia of source or ownership is prohibited on this Site. When ArtsInteractive grants you permission to share content from the Site with others, you must share the content as provided by ArtsInteractive and keep in place any logos, trademarks, service marks, copyright notices, or other indicia indicating ownership. Third-party content may be copyrighted, and its use on the Site is with permission or within the legal bounds of fair use.

3. Warranty Disclaimer

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

ARTSINTERACTIVE, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although ArtsInteractive sincerely attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform ArtsInteractive so that it can be corrected. Information contained on the Site may be changed or updated without notice.

4. Confidential and Proprietary Information

ArtsInteractive does not want you to post confidential or proprietary information in public areas of the Site. Please note that any information or material posted in public areas of the Site will be deemed NOT to be confidential.

By posting any information or material in public areas of the Site or privately submitting your ideas or feedback regarding the Site, you grant ArtsInteractive an unrestricted, irrevocable, world-wide, royalty-free license to use, reproduce, display, perform, modify, transmit, and distribute such information, material, ideas, or feedback and you also agree that ArtsInteractive is free to use any concepts, know-how, or techniques contained within such posts or submissions for any purpose, without credit or compensation to you. ArtsInteractive does not acknowledge that such content you post or submit is original to you, and upon posting or submitting it, you relinquish any right to its ownership. ArtsInteractive reserves all rights, under our sole discretion, to implement or not implement your ideas and feedback. If you do not agree to grant these rights to ArtsInteractive, do not post in public areas of the site or submit your ideas and feedback.

To better understand how ArtsInteractive processes information submitted privately throughout the Site, please see our Privacy Policy.

5. Links to and Engagement with Our Site

We encourage you to provide hyperlinks from your website to any public areas of the Site, under the condition that such links and the content associated with them be represented truthfully and accurately on your website. You may not provide any link to any area of the Site that is not public, whether or not you have access to that area.

You are encouraged to engage with Site content, press “play” buttons, share public areas of the Site on social media, interact with other users of the Site in designated areas, submit forms, supply feedback, and post in public areas of the Site.

Forums and other opportunities for posting on the Site may not be used for advertisements, attacks on other users, hate speech, or any other content deemed spam under the sole discretion of ArtsInteractive. You may not post—as yourself or under the guise of a false name or identity—about products and services in which you have a financial interest unless you disclose your interest and the content is relevant and useful to Site users in the context in which it is posted. Likewise, you may not post negative information about any competitor or competitor’s products and services without first disclosing your business interest. You may not have another person post information that is financially beneficial to you or detrimental to your competitors. ArtsInteractive may restrict or terminate access to the Site—without refund—to users who commit such abuses.

You may only post and share content that you own. The posting of confidential personal information, trade secrets, or otherwise restricted content is prohibited. You may not post any materials on the Site that infringe upon another party’s trademarks or copyrights, including, but not limited to, photos, videos, and text.

Any information, public or private, that you provide on the Site must be truthful, accurate, current, and complete to the best of your knowledge. If you make a purchase or register for a subscription on behalf of a company or organization, you must have the relevant authority to enter entity into such an agreement. ArtsInteractive may restrict your use of the Site if we find that you have provided information that does not meet these standards.

You are responsible for your own behavior on the Site. You will indemnify (including attorneys’ fees) ArtsInteractive, our associates, and our business partners from any harm, claim, damages, or loss caused by your use of the Site in any way that violates these Terms and Conditions, our Privacy Policy, any ArtsInteractive EULA, or the rights of any third party.

6. Links or Pointers to Other Sites

ArtsInteractive makes no representations whatsoever about any other website that you may access though the Site. When you access a non-ArtsInteractive website, you understand that it is independent from ArtsInteractive, and that we have no control over the content on that website. In addition, a hyperlink to a non-ArtsInteractive website does not mean that we endorse or accept any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

In some cases, ArtsInteractive may make recommendations about products and services provided by third parties. Even if ArtsInteractive has expressly endorsed a product or service in our best professional judgment, we cannot guarantee that it is suitable to your unique needs. It is your responsibility to assess any third-party product or service and determine if it meets your needs, independent of our recommendation.

7. Choice of Law and Venue

These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Los Angeles in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

8. Entire Agreement

These Terms and Conditions—in addition to the ArtsInteractive Privacy Policy and applicable EULAs—constitute the entire agreement between ArtsInteractive and you pertaining to the subject matter of this agreement. In its sole discretion, ArtsInteractive may modify these Terms and Conditions by posting a revised version on the Site, and you agree that each visit by you to the Site is a new transaction governed by the Terms and Conditions available on the Site at that time.

9. No Unlawful or Prohibited Purpose

As a condition of your use of this Site, you warrant to ArtsInteractive that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

By continuing to access the Site, you accept the entirety of these Terms and Conditions.

We hope that you enjoy using the Site. If you have questions about these Terms and Conditions, please email us at writeus@artsinteractiveinc.com.