REPRESENTATIONS AND WARRANTIES. You represent, warrant, and covenant that you will not upload, post, transmit, distribute, or otherwise publish through the website any materials which restrict or inhibit any other user from using and enjoying the website; are unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or indecent; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate the law; violate, plagiarize, or infringe the rights of any third party including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other right of any third party; contain a virus or other harmful or potentially harmful component; contain any information advertising of any kind; and/or constitute or contain false or misleading indications of origin or statements of fact.
REGISTRATION FOR WEBSITE. You will be required to provide information about you in order to register for and use certain parts of the website. You agree that any such information shall be accurate. You will also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party.
SYSTEM REQUIREMENTS. Use of the website requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the website involves hardware, software, and Internet access, your ability to use such website may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
CHANGES TO THE WEBSITE. Asheville Music Professionals reserves the right to modify or stop the website (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Asheville Music Professionals may post on our website notice of such changes to the website. It is your responsibility to review our website for any such notices. You agree that Asheville Music Professionals shall not be liable to you or any third party for any modification or cessation of the website.
TRADEMARKS AND COPYRIGHTS. Trademarks, service marks, logos, and copyrighted works (hereinafter, “intellectual property”) appearing as part of the website are the property of Asheville Music Professionals. Asheville Music Professionals retains all rights with respect to any of their respective intellectual property appearing in the website. All contents of the website are: Copyright 2018 Asheville Music Professionals, all rights reserved.
USER SUBMITTED CONTENT. In the event you provide any content (e.g., contact information, comments, suggestions, questions, feedback) through the Asheville Music Professionals website, you affirm, represent, and warrant that you have the necessary rights, ownership, and permissions to submit such content. Further, you grant to Asheville Music Professionals a non-exclusive, royalty-free, transferable, sub-licensable worldwide license to use, adapt, display, publicize, re-format, revise, distribute, and otherwise fully exploit your content in any format and through any channel. Asheville Music Professionals reserves the right to remove, edit, and modify your content at any time and for any reason without notice.
LIMITATIONS ON USE. The website is for your personal and non-commercial use only. You will not reproduce, resell, or distribute the website for any purpose. You will not offer or use the website on a timeshare basis, use the website to generate income, or use the website for the development, production, or marketing of a service or product substantially similar to the website. You shall not engage in any activity or use the website in any manner that could damage, disable, overburden, impair, or otherwise interfere with or disrupt the website.
LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Asheville Music Professionals SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR WEBSITE, OR OTHER INTANGIBLE LOSSES (EVEN IF Asheville Music Professionals HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE WEBSITE; (II) ANY CHANGES MADE TO THE WEBSITE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE WEBSITE OR ANY PART THEREOF; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; AND (IV) ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. IN SUCH CASES, Asheville Music Professionals’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF Asheville Music Professionals AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, AND MEMBERS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED $100.
OBJECTIONABLE MATERIAL. You understand that, by using the website, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as objectionable material. Nevertheless, you agree to use the website at your sole risk, and Asheville Music Professionals shall have no liability to you for material that may be found to be offensive, indecent, or objectionable.
FORCE MAJEURE. In addition to any excuse provided by applicable law, Asheville Music Professionals shall be excused from liability related to the website arising from any event beyond Asheville Music Professionals’s reasonable control, whether or not foreseeable by either party, including but not limited to: war, fire, accident, adverse weather, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
EXPORT RESTRICTIONS. You acknowledge that the website, or portion thereof, may be subject to the export control laws of the United States. You will not export, re-export, divert, transfer or disclose any portion of the website or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.