Acceptance of the Agreement
This, the PianoReimagined Web Site, and all of its Web Sites and information
are provided to you under these "Terms of Use" and any amendments to
these Terms of Use that may be posted by PianoReimagined from time to time
(collectively, the "Agreement"). BY ACCESSING, BROWSING AND/OR USING
THIS SITE AND/OR ANY WEB SITE PROVIDED BY PianoReimagined, YOU AGREE TO BE
BOUND BY THE AGREEMENT. The Agreement constitutes the entire agreement between
you and PianoReimagined and supersedes any prior agreements between you and PianoReimagined regarding the use and contents of this Web Site.
Privacy
PianoReimagined is committed to protecting your privacy. The information
that we obtain through your use of the site, or through any registration
process or otherwise, is subject to our Privacy Policy .
Modifications to this Agreement
PianoReimagined may make changes to this Agreement from time to time in its
sole discretion, and will post any such changes on the Web Site. Your use of
the Web Site after any changes are made constitutes your acceptance of any such
changes.
Modification or Suspension of the
Web Site
PianoReimagined may, in its sole discretion, and at any time, discontinue,
suspend or modify its operation of this Web Site, or any part thereof,
temporarily or permanently, without notice to you, and PianoReimagined shall
not be liable for any consequences to you from that action.
User Content
All text, graphics, software, music, sound, photographs, videos, messages, posts,
data, information, or other materials ("Content") are the sole
responsibility of the person from whom the Content originated. Thus, you are
responsible for all Content that you disseminate or transmit through or by
means of the Web Site.
You shall not use the Web Site in
any way to:
1.
post, disseminate
or transmit any Content that is unlawful, harassing, defamatory, abusive,
threatening, obscene, harmful, tortuous, libelous, or invasive of another's
privacy;
2.
post, disseminate
or transmit any Content which infringes or violates any party's copyright,
trademark, trade secret, patent or other proprietary right, including but not
limited to using third party copyrighted materials without appropriate
permission, using third party trademarks without appropriate permission or
attribution, and using or distributing third party information protected as a
trade secret in violation of a duty of confidentiality;
3.
post, disseminate
or transmit any viruses or other harmful, disruptive or destructive files, code
or programs;
4.
intentionally or
unintentionally violate any local, state, national or international law;
5.
post, disseminate
or transmit any unauthorized advertising, promotional materials, chain letters,
spam, junk mail or any other type of unsolicited mass e-mail to people or
entities that have not agreed to be part of such mailings;
6.
impersonate any
person or entity, falsely state or otherwise misrepresent your affiliation with
any person or entity, forge headers or otherwise manipulate identifiers to
disguise the origin of any Content transmitted through the Web Site;
7.
disseminate or
transmit any Content you do not have the right to disseminate or transmit under
law, or contractual or fiduciary relationships;
8.
disrupt the
normal flow of dialogue or otherwise act in a manner that negatively affects
other users' ability to engage in real time exchanges;
9.
interfere with,
disrupt, or harm in any way the Web Site or servers or networks connected to
the Web Site;
10.
stalk or
otherwise harass another;
11.
collect or store personal
data about other users;
12.
harm minors in
any way;
13.
engage in any
activities that would violate the personal privacy rights of others, including
but not limited to, collecting and distributing information about Internet
users without their permission, except as permitted by applicable law;
14.
intentionally
omit, delete, forge or misrepresent transmission information, including
headers, return mailing and Internet protocol addresses;
15.
engage in any
activities intended to withhold or cloak identity or contact information;
16.
use the Web Site
for any illegal purpose, in violation of any applicable laws or regulations or
in violation of the rules of any other Web Sites providers, web sites, chat
rooms, or the like.
User Content
PianoReimagined and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or remove any Content that is
available via the Web Site. Without limiting the foregoing, PianoReimagined and
its designees shall have the right to remove any Content that violates these
Terms of Use or is otherwise objectionable in the absolute discretion of PianoReimagined. You must evaluate, and you will bear all risks associated with, the
use of any Content, including any reliance on the accuracy, completeness, or
usefulness of such Content. PianoReimagined may preserve Content and may also
disclose Content if required to do so by law or in the good faith belief that
such preservation or disclosure is reasonably necessary to: (a) comply with
legal process; (b) enforce these Terms of Use; (c) respond to claims that any
Content violates the rights of third-parties; or (d) protect the rights,
property, or personal safety of PianoReimagined, its users and the public. The
technical processing and transmission of the Web Site, including your Content,
may involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
By posting Content to the Web Site, or by transmitting Content using the Web
Site, (1) you represent and warrant to PianoReimagined that you have all
necessary permission to post or transmit the information, and (2) you grant to PianoReimagined a worldwide, non-exclusive, perpetual, royalty-free, fully
sub-licensable right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and display such
Content (in whole or part) worldwide and/or to incorporate it in other works in
any form, media, or technology now known or later developed.
International Use
You must comply with all applicable local laws regarding online conduct and
acceptable Content, including without limitation, laws regarding the
transmission of technical data exported from the United States or the country
in which you reside.
No Reselling of Web Site
You may not sell, resell, reproduce, duplicate, copy or use for any
commercial purposes any portion of the Web Site, or sell use of or access to
the Web Site.
Termination
PianoReimagined may, in its sole discretion, and at any time, terminate your
use of the Web Site, and may remove or delete any Content within the Web Site,
for any reason, without prior notice to you. PianoReimagined shall not be
liable to you or to any third-party for any termination of your use of or
access to the Web Site. In the event of any termination of this Agreement or
your use of or access to the Web Site, the provisions regarding Proprietary
Rights, Indemnification, Disclaimer or Warranties, and Limitations of Liability
shall survive any such termination.
Proprietary Rights
Content available through the Web Site, including without limitation,
content in the form of text, graphics, software, music, sound, photographs, and
videos, and content provided by suppliers, sponsors, or third party
advertisers, is protected by copyrights, trademarks, Web Site marks, patents,
or other proprietary rights and laws. Except as expressly authorized by PianoReimagined or the applicable supplier, sponsor or advertiser, you may not copy,
modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer
or create derivative works based on the Web Site or any content (including
without limitation any software) available through the Web Site.
Disclaimer of Warranties
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, PianoReimagined EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
PianoReimagined DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR
REQUIREMENTS, OR THAT THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES PianoReimagined MAKE
ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB
SITE, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE
WEB SITE, AS TO THE QUALITY OF ANY PRODUCTS, WEB SITES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE OR AS A RESULT OF
THE WEB SITE, OR AS TO ANY TRANSACTIONS ENTERED INTO BY USE OF OR AS A RESULT
OF THE WEB SITE.
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE WEB SITE IS AT YOUR OWN DISCRETION AND RISK, AND NEITHER PianoReimagined,
NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR
SUPPLIERS WILL BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIANOREIMAGINED OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL PIANOREIMAGINED OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL,
OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,
USE, DATA, GOODWILL, OR OTHER INTANGIBLES, EVEN IF PianoReimagined OR ITS
SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM:
(1) THE USE OR THE INABILITY TO USE THE WEB SITE, (2) THE COST OF PROCUREMENT
OF SUBSTITUTE GOODS AND WEB SITES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR WEB SITES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO BY MEANS OF OR THROUGH THE WEB SITE, (3) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA, (4) THE STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE WEB SITE, OR, (5) ANY OTHER MATTER RELATING TO THE WEB SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Storage of Content
PianoReimagined may establish, in its sole discretion and without prior
notice to you, a maximum amount of storage space that it will maintain for
Content disseminated or transmitted through the Web Site. PianoReimagined shall
have no responsibility or liability for the deletion or failure to store any
messages, communications or other Content maintained, disseminated or
transmitted through the Web Site.
Your Contact With Third Parties
Your dealings with third parties found on or through the Web Site, including
your participation in promotions, the payment for and delivery of goods and Web
Sites, and any terms, conditions, warranties, or representations associated
with such dealings are solely between you and the third party. PianoReimagined
does not make any representations or warranties with respect to any goods or
Web Sites which may be obtained from such third parties, and PianoReimagined
will have no liability with respect to any loss or damage of any kind incurred
as a result of any dealings between you and any third party, or as a result of
the presence of such third parties on the Web Site.
Links
The Web Site, or third parties on the Web Site, may provide links to other
sites and/or resources over which PianoReimagined has no control. PianoReimagined has no responsibility for and no liability for the availability of
such external sites or resources, or for the Content, advertising, products or
other materials available through such sites or resources.
Indemnification
You agree to indemnify and hold harmless PianoReimagined, its affiliates,
officers, directors, agents, employees, co-branders or other partners, and
suppliers, from any claim, demand, action, or damage, including reasonable
attorneys' fees, made by any third party due to, arising out of, or related to
your use of the Web Site, Content you submit, post, or transmit through the Web
Site, your violation of the Agreement or any rights of another, or your
connection to the Web Site.
Trademark Notices
PianoReimagined and PianoReimagined logo and trade dress are trademarks of PianoReimagined. You may not use or display these marks without PianoReimagined prior
written consent. All other trademarks appearing on the Web Site are the
property of their respective owners.
Copyright, Copyright Agent
If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide PianoReimagined's Copyright Agent the
following information:
1.
An electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
2.
A description of
the copyrighted work that you claim has been infringed;
3.
A description of
where the material that you claim is infringing is located on the Web Site;
4.
Your address,
telephone number, and email address;
5.
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;
6.
A statement by
you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
PianoReimagined's Copyright Agent for Notice of claims of copyright
infringement on its site is:
PianoReimagined Music Productions
Phone: 714-389-0820
admin@PianoReimagined.com
www.PianoReimagined.com
Applicable Law, Forum
This Agreement shall be governed by and construed in accordance with the
laws of the State of Kansas, without giving effect to its conflict of laws
provisions. You and PianoReimagined agree to submit any dispute arising under
this agreement to the exclusive jurisdiction of the federal and state courts
located within the county of Wyandotte County, KS.
Miscellaneous
If any provision of this Agreement is found by a court or other binding
authority to be invalid, you agree that every attempt shall be made to give
effect to the parties' intentions as reflected in that provision, and the
remaining provisions contained in this Agreement shall continue in full force
and effect.
You agree that any claim or cause of action you may assert arising out of
your use of the Web Site or this Agreement must be filed within one year after
such claim or cause of action arose or it shall forever be barred,
notwithstanding any statute of limitations or other law to the contrary. Any
failure by PianoReimagined to enforce or exercise any provision of this
Agreement or related right shall not constitute a waiver of that right or
provision.
Additional Information
This website is an official bulletin of PianoReimagined and is intended to
provide general information. It contains policies, regulations, procedures and
fees effective June 1, 2005.
PianoReimagined reserves the right to make changes at any time to reflect
current board policies, administrative regulations and procedures, amendments
by state law and fee changes. Information provided on this website is subject
to change without notice and does not constitute a contract between PianoReimagined
and a user. PianoReimagined is not responsible for any
misrepresentation or provisions that may arise as a result of errors in
preparation.