Acceptance of Terms
1. RESTRICTIONS ON USE
Any materials posted on the Web site that you copy, print, or download are licensed to you by Berklee for your personal, non-commercial use only, provided that you do not change or delete any copyright, trademark, or other proprietary notices. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Web site, use of the Web site, or access to the Web site. Berklee reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web site (or any part thereof) with or without notice. You agree that Berklee shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
INFORMATION SHARING WITH NONAFFILIATED THIRD PARTIES
Because Berkleemusic values all customer relationships, it will not disclose customers' nonpublic personal information to nonaffiliated third parties, except as described in this policy or as otherwise permitted by law. We DO NOT allow any email harvesting. If you feel you have been contacted in error by a party other than Berkleemusic, please contact customer service at email@example.com.
2. PUBLIC COMMUNICATION AND FORUM CONDUCT
You are solely responsible for all content of any type, including but not limited to text, music, and/or photographs (collectively "Content") that you upload, post, email, transmit or otherwise make available on the Web site. Berklee does not control the Content posted by you or others on the Web site and, as such, does not guarantee the accuracy, integrity or quality of such Content. Berklee will not be liable for any Content, or for any loss or damage of any kind incurred as a result of the use of any made available in any manner through the Web site. You agree that you, or any Content you submit, will not: contain libelous or otherwise unlawful, obscene, or abusive material; harm minors in any way; impersonate any person or entity, including, but not limited to, a Berklee official, forum leader, instructor, or other registered member, or falsely state or otherwise misrepresent our affiliation with a person or entity; contain any Content that infringes any patent, trademark, trade secret, copyright or other personal or proprietary rights of any party: contain any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue; interfere with or disrupt the Web site or any servers or networks connected to the Web site, "stalk" or otherwise harass another person or entity; or collect or store personal data about other users. We do not pre-screen Content, and have no obligation to do so, but you acknowledge that we reserve the right, in our sole discretion to refuse or move any Content that is available via the Web site. Without limiting the foregoing, Berklee and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. You acknowledge and agree that Berklee may retain Content and may also disclose Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Berklee, its users and the public.
3. HARASSMENT OR INTIMIDATION
Sending of abusive or unwanted material causing the work or Berkleemusic experience of others to be disrupted is a violation of college policies, may violate the law, and is unacceptable. Targeting another person or organization to cause distress, embarrassment, injury, unwanted attention, or other substantial discomfort is harassment, which is prohibited. Personal attacks or other action to threaten or intimidate or embarrass an individual, group, or organization; or attacks based on a person's race, national origin, ethnicity, handicap, religion, gender, veteran status, sexual orientation, or another such characteristic or affiliation are prohibited.
4. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE WEB SITE
Berklee does not claim ownership of Content you submit or make available for inclusion on the Web site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Web site, you grant Berklee an irrevocable, royalty-free, non-exclusive, unrestricted, worldwide license to use, copy, sublicense, adapt, transmit, publicly perform, display, in all languages, and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Web site are those areas of the Web site that are intended by Berklee to be available to the general public. By way of example, publicly accessible areas of the Web site would include Berklee Discussion Boards and portions of the Web site that are open to both members and visitors. However, publicly accessible areas of the Web site would not include portions that are limited to members, or enrolled distance education students, Berklee online services intended for private communication such as Berkleemusic.com email, or areas off of the Berklee network of properties such as portions of World Wide Web sites that are accessible through the Web site but are not hosted or served by Berklee.
You acknowledge and agree that the Website and any necessary software used in connection with the Website ("Software"), as well as all course materials and content provided by Berklee, Berklee instructors, and/or third parties for the Berklee online courses (the "Course Content") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Website, Course Content, or advertisers is protected by copyright, trademarks, patents or other proprietary rights and laws. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, the Course Content, or the Software, in whole or in part.
Berklee grants you a personal, non-transferable and non-exclusive right and license to use the object code version of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Web site, or any portion of the Web site. You agree not to access the Web site by any means other than through the interface that is provided by Berklee for use in accessing the Web site.
You agree to indemnify and hold Berklee, and its directors, trustees, officers, employees, agents, affiliates, and co-branders, or other partners, and other users, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Web site, your use of the Web site, your connection to the Web site, your violation of the TOU, or your violation of any rights of any third party.
7. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, third parties (companies, jobs, gigs, music teachers and other users) found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Berklee shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web site.
The Web site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Berklee has no control over such sites and resources, you acknowledge and agree that Berklee is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Berklee shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE ONLINE SERVICE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BERKLEE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- BERKLEE MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL LEAD TO EMPLOYMENT OR GIGS (iii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BERKLEE OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
10. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BERKLEE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BERKLEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEB SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND ONLINE SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR ONLINE SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (v) ANY OTHER MATTER RELATING TO THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree that Berklee, in its sole discretion and without prior notice to you, may terminate your registered account (or any part thereof) or use of the Web site, and remove and discard any Content within the Web site, for any reason, including, without limitation, for lack of use or if Berklee believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Berklee may also in its sole discretion and at any time discontinue providing the Web site, or any part thereof, with or without notice. Termination, suspension, or cancellation of this Agreement or your access rights will not affect any right or relief to which Berklee may be entitled in law or in equity. Upon termination of this Agreement all rights granted to you will automatically terminate. Paragraphs 3, 5, 8, 9, 10, 11 and 13 shall survive termination of this Agreement.
12. TRADEMARK INFORMATION
Berklee College of Music, Inc., Berklee Press, Berklee Media, Berkleemusic Access, Berkleemusic Passport and Berkleemusic trademarks, logos and product and service names are trademarks of Berklee College of Music, Inc.. Without Berklee's prior permission, you agree not to display the above or use in any manner.
13. COPYRIGHTS and COPYRIGHT AGENT
Berklee respects the intellectual property of others, and we ask our users to do the same. You may notify Berklee by providing the following information to our designated agent, as required by 17 U.S.C. § 512, if you believe you have a copyright infringement claim resulting from material posted on this site:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Berklee College of Music
1140 Boylston Street, MS-855
Boston, MA 02115
Tel: (617) 747-2146
Fax: (617) 747-2149
14. GENERAL INFORMATION
The TOU agreement and any posted operating rules constitute the entire agreement between you and Berklee and govern your use of the Web site, superceding any prior agreements between you and Berklee with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may not assign your rights under this Agreement to any third party. The TOU and the relationship between you and Berklee shall be governed by the laws of the Commonwealth of Massachusetts, USA without regard to its conflict of law provisions. You and Berklee agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Boston, MA, USA. The failure of Berklee to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Online Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.
Please report any violations of the TOU to: firstname.lastname@example.org.
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