1. Introduction
Welcome to the web site of The College Music Society ("CMSweb"), having a principal address of www.music.org. CMSweb is provided by The College Music Society ("the Society"), a Montana not-for-profit corporation. These Terms of Service govern your use of CMSweb.
Through the CMSweb service, the Society is providing you with the capability to build a Professional Profile and share it with the music profession and general public. As a member in good standing of the Society, you may build a Professional Profile by posting content on the web site for purposes of criticism, comment, teaching, scholarship, or research in accordance with these Terms of Service. The "Content" may include "User Files" and "Personal Data."
CMS is providing you with the capability to use the Professional Profiles of members in good standing of CMS. You may use the content on the web site for purposes of criticism, comment, teaching, scholarship, or research in accordance with these Terms of Service. The "Content" may include "User Files" containing intellectual property that is uploaded to the site.
"User Files" are Sound Files and Other Files containing intellectual property that you upload to the site (See 17. Terms and Conditions Governing the Posting of User Files below).
"Personal Data" is everything else that you post on the site.
2. Termination and Accommodation of Technology
The Society has a policy that provides for the termination in appropriate circumstances of users of the system who are repeat copyright infringers. The Society furthermore accommodates and does not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works.
While you are bound by all the Terms of Service, it is especially important for you to be aware that the Society as the provider of this service will not initially monitor your postings. However, if a claim is made against the Society because of Content you posted, the Society has the right to make a claim against you or to seek indemnification from you.
As a user of this service, you are responsible for abiding by the Copyright Law of the United States. You should be particularly concerned that the Content you post, including User Files, does not violate the Copyright Law (see 17. Terms and Conditions Governing the Posting of User Files below). If you have any questions about copyright in User Files that you wish to post, please see A User's Guide to Copyright on this site. While the Guide may answer frequently asked questions about copyright, the responsibility for your Content is ultimately yours.
By clicking below, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not use CMSweb.
3. Changes in the Terms of Service
The Society reserves the right to change these Terms of Service without providing advance notice to you. Such changes will be immediately reflected in the most current version of the Terms of Service. You agree to review these Terms of Service periodically to be advised of the changes, and by continuing to use CMSweb following the changes, you will be deemed to have accepted and agreed to the changes. The Society will use reasonable efforts to provide notice of any changes to these Terms of Service on CMSweb. However, the changes are effective upon those changes being incorporated in the Terms of Service displayed on CMSweb whether or not the Society gives notice of the changes.
4. Ownership and Use of Proprietary Material Contained on CMSweb
CMSweb is provided for your personal informational and educational use, as well as for the informational and educational use of other members of CMS, and no representation or warranty is given as to its accuracy or completeness. Any redistribution or other use of CMSweb, or any portion thereof, by you for any purposes other than those permitted under these Terms of Service, without the express prior written consent of the Society, is strictly prohibited.
CMSweb Content contains copyright-protected material, trademarks, service marks, logos and other proprietary materials, including, but not limited to, images, software, photographs, artwork, designs, video, audio, and graphic materials (the "Proprietary Material"). The Society is, unless otherwise stated, the owner of all copyright, trademark, patent, database, and other proprietary rights in CMSweb. However, Proprietary Material uploaded to CMSweb by you, including User Files, remains the property of the Proprietary Material's owner.
Without limiting the scope of the foregoing, the Society holds a copyright in CMSweb as a collective work or compilation and in the selection, co-ordination and arrangement of the Content on CMSweb. CMSweb, the Content, and any Proprietary Material may not, unless expressly permitted by the Society and the holder of the rights to the Proprietary Material, be copied, reproduced, published, republished, sold, licensed, rented, distributed, uploaded, posted, transmitted, performed, displayed, edited, modified, adapted, used in a derivative work, used to create a collection, compilation, database or directory, decompiled, reverse engineered, disassembled, broadcast, circulated or otherwise exploited except for purposes expressly permitted in these Terms of Service.
5. Changes and Removal of Content
In an effort to ensure the quality, style, conformity, accuracy, and functionality of the site, the Society may, from time to time, in its sole discretion, make certain changes to or remove Content from the site. Without limiting the generality of the foregoing, the Society may, at its sole discretion, remove corrupt files, delete duplicate files, remove poor quality files, remove inoperative hyperlinks to third-party websites or e-mail addresses, correct typographical errors, re-classify ensemble types and subtypes, crop or touch-up photographs, add commonly-used keywords to existing text, or provide data that a user has failed to provide.
6. Disclosure of Information
While it is the Society's policy to respect the privacy of its users, you grant the Society the right to disclose user information to third parties solely for the purposes of (i) statistical analysis based on aggregate use numbers, (ii) administering and maintaining the services offered on CMSweb, (iii) conforming to legal requirements or complying with legal process, (iv) acting to protect and defend the rights of the Society, and (v) acting to protect the interests of users and others.
7. Use of CMSweb
Each user's use of CMSweb is subject to local, state, national, and international laws and regulations and you shall not intentionally or unintentionally violate any such law or regulation. The Society operates CMSweb from its offices in the United States of America and does not represent that any Content on CMSweb is appropriate or available for use in other locations. Accessing any Content from locations where such Content is illegal is prohibited.
Persons who choose to access CMSweb from other locations do so at their own risk, are fully responsible for compliance with local laws, and acknowledge that the Society has no liability with respect to such use.
Further, and without limiting the generality of the foregoing and in compliance with these Terms of Service, you agree not to:
1. make available any Content that is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, harassing, deceptive, fraudulent, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, malicious, impersonates any person or entity, including any employee or representative of the Society, or otherwise violates these Terms of Service;
2. make available any Content that contains hate propaganda, or victimizes, harasses, degrades, intimidates, or promotes discrimination or violence against any person or group of persons on account of their race, ethnicity, national origin, religion, age, gender, disability or sexual orientation;
3. make available any Content that infringes any copyright, trademark, service mark, patent, trade secret, or other proprietary right of any other party;
4. make available any Content that contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by the Society or any other party, or otherwise violates any local, state, national or other applicable law or regulation;
5. redistribute or make other use of CMSweb, or any portion thereof (including any User File), for any purposes other than those expressly permitted under these Terms of Service, without the express prior written consent of the Society or the holder of the rights to the Content;
6. use CMSweb for purposes of disseminating unauthorized or unsolicited advertising, chain letters, any other form of unsolicited solicitation, junk bulk e-mail (also known as "spamming"), or any form of lottery or gambling;
7. collect information about the users or members of CMSweb or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk e-mail or other communications;
8. knowingly solicit or collect personal information (including but not limited to name, address, telephone number or name of school attended) from any person under the age of 18 years;
9. use or attempt to use a downloadable file other than in accordance with the rules set by the person posting that file.
The Society may, at any time, temporarily limit or suspend, in whole or in part, any user's access to CMSweb if the Society, in its sole discretion, has reason to believe that such user has engaged in conduct or activities prohibited by these Terms of Service.
8. Use of User Submissions and Third-Party Sites
To the extent that Content submitted by users such as User Files or external hyperlinks appears on CMSweb, please be advised that the Society does not endorse, verify or take responsibility for the accuracy, currency, completeness, or quality of such Content and will not be liable in any way for any loss or damage which you may suffer from your use of such posted Content or by using such third-party sites. If you decide to access such posted Content or third-party sites, you do so at your own risk.
9. Transmission Policy
The Society shall not be responsible for any loss or damage to any user or holder of the rights to the Proprietary Material resulting from the unauthorized use of any file by any third party and any subsequent reproduction or distribution of the captured transmission by that or any other third party.
If the computer software used by the user permits the user to select a level of access by third parties to a downloadable user file after posting (e.g., read-only, print, manipulate), the Society shall not take any steps to alter that level of access. However, the Society shall not be responsible for any inadvertent alteration due to the technical characteristics of the site, nor for any alteration performed by a third party, whether inadvertent or deliberate, and in no event shall the Society be responsible for any resulting damage or loss from such alteration, however caused.
10. Interactive Services
The Society provides or may in the future provide various interactive services (e.g., communication services, chat rooms, message boards, newsgroups, e-mail exchanges between users, ways to disseminate Content to other users) on CMSweb. Each such service is or may be provided by the Society in its sole discretion, and may be modified or discontinued at any time. The Society generally does not pre-screen, monitor, or edit the Content posted by users of such interactive services. However, the Society and its agents have the right at their sole discretion to remove any Content that, in the Society's judgment, does not comply with these Terms of Service or is otherwise harmful, objectionable or inaccurate. The Society shall not be responsible for any failure to remove, or delay in removing, such Content. Each user is solely responsible for any and all use that a user chooses to make of any such interactive service, and the Society shall not be responsible for any loss or damage suffered by any user arising from or connected with the user's use of any such interactive service.
11. General Disclaimer of Warranties and Limitation of Liability
CMSweb and all Content is distributed and transmitted on an "as is" and "as available" basis. Your use of CMSweb and all Content is at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that may result from your use of CMSweb or any Content. The Society EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING CMSweb.
The Society does not represent or warrant that: (i) CMSweb will be uninterrupted or error-free, (ii) defects, if any, will be corrected, (iii) CMSweb is free of viruses or other harmful components, or (iv) any Content or other information, products or services will be accurate, reliable, or of a quality or performance that will meet your expectations. No advice or information, whether oral or written, obtained by you from the Society (or its directors, employees, agents, or affiliates) shall create any warranty.
You expressly understand and agree that the Society shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for lost profits, goodwill, use, data or other intangible losses (even if the Society has been advised of the possibility of such damages), resulting from or in connection with CMSweb or any Content made available or listed thereon, whether under a theory of breach of contract, negligence, strict liability, or otherwise.
Some jurisdictions do not allow exclusions or limitation of incidental or consequential damages, so the above exclusion may not apply to you. In the event that the foregoing limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the greater of the amount that we received for the specific transaction that gave rise to any such claim or the amount of $100.
12. Disclaimer of Warranties and Limitation of Liability Applicable to User Files
The Society is providing a facility for posting User Files on an "as is" and "as available" basis. By posting a User File, the user acknowledges that such posting is at the sole risk of the user, and that the Society shall not be responsible for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for lost profits, goodwill, use, data, or other intangible losses (even if the Society has been advised of the possibility of such damages), resulting from or in connection with the posting or use of a file, whether under a theory of direct, contributory, or vicarious copyright infringement, breach of contract, negligence, strict liability, or otherwise.
13. Indemnification
Each user shall indemnify, defend, and hold harmless the Society, its directors, employees, agents, and affiliates from and against any and all damages, liabilities, costs, losses, judgments, and expenses (including attorneys' fees and disbursements) arising out of or in connection with any claim, demand, or action by a third party which is inconsistent with any of the warranties, representations or covenants made by that user herein. The Society reserves the right, at the user's sole expense, to assume the exclusive defense and control of any matter subject to indemnification by the user, in which event the user shall fully cooperate with the Society in asserting any defenses put forth by the Society. The Society shall hold harmless and indemnify the user from any and all damages, liabilities, costs, losses, judgments and expenses (including attorneys' fees and disbursements) arising out of any act or omission of the Society that is inconsistent with these Terms of Service.
14. Applicable Law
These Terms of Service are governed by and shall be construed in accordance with the internal laws of the State of Montana, United States and any dispute arising under or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts located within the State of Montana, County of Missoula, United States.
15. Notice of Claim of Copyright Infringement
The Society respects the copyright and other intellectual property rights of others, and requires that users do the same. If you believe that a work owned or controlled by you has been used in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent listed below. In order to be effective, the notice you provide must contain all six pieces of information:
1. A description of the copyrighted work that you claim has been infringed;
2. A description of the allegedly infringing Content and the place where the Content is located;
3. A statement by you that you have a good faith belief that the disputed use is not authorized;
4. A statement made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the above information in your notice is accurate;
5. Your physical or electronic signature; and
6. Your address, telephone number, and email address.
16. Copyright Agent
Our agent for notice of claims of copyright infringement on CMSweb can be reached as follows:
By mail:
Robby D. Gunstream, Executive Director, Attn: Copyright Agent, The College Music Society, 312 E. Pine Street, Missoula MT 59802.
By phone: (406) 721-9616
By e-mail: the [email protected]
17. Terms and Conditions Governing the Posting of User Files
A. User Files Generally
User Files are posted to the site for purposes of criticism, comment, teaching, scholarship, or research. If the Society receives any information that any party believes its rights to be infringed by the posting of a User File, or if the Society believes, in its sole judgment, that the posting of a User File may infringe upon the rights of a third party, then, in addition to any other remedies available to the Society under these posting terms, the site Terms of Service or applicable law, the Society shall have the right to disable access to or remove that User File unless and until the user provides evidence satisfactory to the Society, in its sole discretion, that the posting of that User File does not infringe the rights of any third party.
B. Sound Files
In building a Professional Profile, the user may include Sound Files in accordance with the following terms and conditions. Please note that these terms are in addition to the general Terms of Service governing the use of the site, and that, to the extent they are not inconsistent, those general Terms of Service also apply to the posting of Sound Files.
Grant of Rights of Sound Files: By posting a Sound File, the user grants the Society a non-exclusive, world-wide license to perform, display, distribute, and reproduce that Sound File via the Internet only on the existing websites of the Society. It is understood that the Society will not receive any direct compensation for any use of the Sound File. The user further grants the Society the right to use and publish and permit others to use and publish the name(s) and biographical information of any individual artist(s) performing on the Sound File and composer(s) whose composition(s) are embodied on the Sound File, as well as the name, postal, and internet addresses of the user, in connection with use of the Sound File as permitted hereunder. The term of this license shall begin on the date of posting and shall continue unless and until the user removes the file or unless and until the user notifies the Society in writing of its desire to terminate the license. Such termination shall be effective not later than 14 days following receipt.
Warranties and Representations of Sound Files: With respect to each Sound File posted, the user expressly represents and warrants to the Society that: (a) the user has all rights necessary to post the Sound File and to grant the Society the license contemplated herein; (b) the user has, and will furnish promptly following a request by the Society (which request may be made at any time), written documentation confirming that the user has all necessary rights from any and all third parties to grant the Society the license contemplated herein; (c) the user has obtained, if necessary, the consent of the music publisher(s) of the composition(s) included on the Sound File to the posting of the composition; (d) that all information provided to the Society by the user is, to the best of the user's knowledge, true, accurate and complete; and (e) any use of that Sound File by the Society or any user of the site, as contemplated herein, does not infringe the rights of any third party.
C. Other Files
In building a Professional Profile, the user may include Other Files in accordance with the following terms and conditions. Please note that these terms are in addition to the general Terms of Service governing the use of the site, and that, to the extent they are not inconsistent, those general Terms of Service also apply to the posting of Other Files.
Other File(s): By posting an Other File, the user grants the Society a non-exclusive, world-wide, perpetual, royalty-free license to perform, display, distribute, and reproduce that Other File(s) via the Internet only on the existing websites of the Society. It is understood that the Society will not receive any direct compensation for any such use of the Other File(s). The user further grants the Society the right to use and publish and permit others to use and publish the name(s) and biographical information of any party, including without limitation, any individual author, creator, performer, composer, publisher or copyright holder, whose works are embodied in or who has otherwise contributed to the Other File(s) as well as the name, postal, and internet addresses of the user in connection with use of the Other File(s) as permitted hereunder.
Warranties and Representations of Other Files: With respect to each Other File posted, the user expressly represents and warrants to the Society that: (a) the user has all rights necessary to post the Other File(s) and to grant the Society the license contemplated herein; (b) the user has, and will furnish promptly following a request by the Society (which request may be made at any time), written documentation confirming that the user has all necessary rights from any and all third parties to grant the Society the license contemplated herein; (c) that all information provided to the Society by the user is, to the best of the user's knowledge, true, accurate, and complete; and (d) any use of that Other File by the Society or any user of the site, as contemplated herein, shall not infringe the rights of any third party.