Terms and Conditions of Use
The "ActiveMusician.com" website (the "Website") is an interactive on-line service which offers retail services, information services and content provided by ActiveMusician.com, and other third parties. Please read these Terms and Conditions very carefully. By using the Website (other than to read these Terms and Conditions for the first time), you are agreeing to accept, without modification, and comply with all of the Terms and Conditions hereof.
2. Your Responsibilities as a User of this Website
ActiveMusician.com grants you a limited license to access and make personal use of the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ActiveMusician.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ActiveMusician.com. 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 ActiveMusician.com without express written consent. You may not use any meta tags or any other "hidden text" utilizing ActiveMusician.com's name or trademarks without the express written consent of ActiveMusician.com. Any unauthorized use terminates the permission or license granted by ActiveMusician.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ActiveMusician.com so long as the link does not portray ActiveMusician.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ActiveMusician.com logo or other proprietary graphic or trademark as part of the link without express written permission.
The right to use ActiveMusician is personal to you and is not transferable to any other person or entity. You are responsible for all use of and access to the Website under your name and Internet account (including any ActiveMusician account, screen name or password you may establish in using and/or accessing the Website) and for ensuring that all such use and access complies fully with these Terms and Conditions, and any applicable laws. You are responsible for protecting the confidentiality of your password(s), if any.
All or any part of this Website, including, but not limited to, content, hours of availability, and equipment needed for access or use, may be changed or discontinued at any time without notice.
If you are under 18, you may use ActiveMusician.com only with involvement of a parent or guardian. ActiveMusician.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
3. Risk of Loss, Product Descriptions and Pricing
All items purchased from ActiveMusician.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
ActiveMusician.com and its affiliates attempt to be as accurate as possible. However, ActiveMusician.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ActiveMusician.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
With respect to items sold by ActiveMusician.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
4. Prohibitions on Use
You agree to use the Website for lawful purposes only. By way of example and not limitation, you shall not do any of the following:
A. post or transmit through the Website any material which violates or infringes in any way upon the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
B. upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another's computer;
C. delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;
D. falsify the origin or source of software or other material contained in a file that is uploaded.
You agree that the determination of whether any posting, transmission or conduct is of such a nature as described will be at the sole discretion of ActiveMusician.
5. Intellectual Property
You shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark, patent or other proprietary right without the express permission of the owner of the copyright, trademark, patent or other proprietary right, and the burden of determining that any material is or is not protected by copyright rests with you. You agree to be solely liable for any loss or damage to ActiveMusician resulting from any act or submission by you that constitutes a violation or an infringement of copyright, trademark, patent or other proprietary rights.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by ActiveMusician infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright/
Notices and counter-notices for the Site(s) should be sent to
ActiveMusician's Copyright Agent:
James L. Burger
331 DeMott Ave.
Teaneck, NJ 07666
We suggest that you consult your legal advisor before filing a
notice or counter-notice. Also, be aware that there can be substantial
penalties for false claims.
6. Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED THROUGH THE WEBSITE MAY CONTAIN INACCURACIES AND/OR TYPOGRAPHICAL AND OTHER ERRORS. NEITHER ACTIVEMUSICIAN NOR ITS RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE AND/OR SUCH INFORMATION, MATERIALS AND SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, MATERIALS OR SERVICE, PROVIDED THROUGH THE WEBSITE.
THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
NEITHER ACTIVEMUSICIAN, ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS NOR LICENSORS WILL BE RESPONSIBLE FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACIES, UNTIMELINESS, INAUTHENTICITY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE WEBSITE, AND/OR ANY OF THE MATERIALS OR THE SERVICES PROVIDED THEREIN, REGARDLESS OF WHETHER ANY SUCH CLAIM IS FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION HOWSOEVER ARISING OR OCCASIONED. NEITHER ACTIVEMUSICIAN, ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS NOR LICENSORS WILL BE RESPONSIBLE FOR FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITE OR THIRD-PARTIES, AND THE RISK OF INJURY FROM ANY OF THE FOREGOING RESTS ENTIRELY WITH A USER.
IN NO EVENT WILL ACTIVEMUSICIAN, ITS EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Website, and/or any part of its contents , including published lessons and forums, may be monitored to determine compliance with this Agreement and any other operating rules established by ActiveMusician and to satisfy any law, regulation or authorized government request. ActiveMusician shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website, without notice. Without limiting any of the foregoing, ActiveMusician shall have the right, without notice, to remove any material that, in its sole discretion, it finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless ActiveMusician, its directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of or occasioned by your use, or any use for which you are responsible by these Terms and Conditions, of the Website.
The ActiveMusician.com logo and name is a trademark of eTonal Media, Inc. All rights are reserved. Other names, logos, designs, information and other materials on the Website may be subject to trademark and/or other proprietary rights protection, either of eTonal Media, Inc. or their respective owners.
10. Third Party Content
Any music, opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties other than ActiveMusician on the Website, including by author(s) and distributors(s) such as information and content providers, or any other user of the Website, are those of the respective author(s) or distributor(s) and not of ActiveMusician. ActiveMusician neither endorses nor is responsible for the accuracy or reliability of any such information or content made on the Website by anyone other than authorized ActiveMusician employees and/or spokespersons acting in their official capacities. Under no circumstances will ActiveMusician be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate and/or verify the accuracy, completeness or usefulness of any information or other content available through the Website.
11. Third Party Links
This Web site may contain hyperlinks to web sites operated by parties other than ActiveMusician. Such hyperlinks are provided for your reference only. ActiveMusician does not control such web sites and is not responsible for their contents. ActiveMusician's inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.
These Terms and Conditions shall be construed in accordance with the laws of the State of New Jersey, without regard to its conflict of laws rules.
These Terms and Conditions, or any part thereof, may be changed, modified, added to or deleted at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice of such changes, modifications, additions or deletions being posted on the Website. Your use of the Website after such notice is posted shall be deemed to constitute your acceptance of such changes, modifications, additions or deletions.
If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.