Terms of Use

IMPORTANT – PLEASE READ:

Welcome! This website is provided by Music For Manhattan. The following terms and conditions (“Terms of Use”) apply to your use of this and any affiliated Music For Manhattan websites, and any of the information, content, features or services made available thereby (“Music For Manhattan Websites and Services”). This Terms of Use constitutes a legal agreement between you and Music For Manhattan.

Please carefully review this Terms of Use before using the Music For Manhattan Websites and Services. By accessing, downloading or otherwise using the Music For Manhattan Websites and Services, you agree to be bound by this Terms of Use, without qualification or limitation. If you do not agree to or cannot comply with this Terms of Use, DO NOT use the Music For Manhattan Websites and Services. If you are dissatisfied with this Terms of Use or the Music For Manhattan Websites and Services, you agree that your sole and exclusive remedy is to discontinue using the Music For Manhattan Websites and Services.

  • Changes to this Terms of Use Agreement.

This Terms of Use is subject to change by Music For Manhattan at any time in its sole discretion. Your use of the Music For Manhattan Websites and Services after such changes are implemented constitutes your acknowledgment and acceptance of such changes. It is your responsibility to periodically visit this web site to review the current terms and conditions to which you are bound. If you do not accept any change, DO NOT access or use the Music For Manhattan Websites and Services. Other Music For Manhattan Websites and Services may have their own terms of use which apply to such Music For Manhattan Websites and Services.

Music For Manhattan reserves the right to make changes, update, suspend or discontinue any aspect or feature of the Music For Manhattan Websites and Services at any time without notice. Music For Manhattan reserves the right to terminate or restrict access to the Music For Manhattan Websites and Services, or to impose limits on certain features or services, without notice or liability to you for any reason whatsoever at its sole discretion.

  • Additional Terms.

Certain features, products, materials, services, information or specific content contained on or available through the Music For Manhattan Websites and Services, whether by Music For Manhattan or any of its third party information providers, may be governed by additional terms of use and/or agreements presented in conjunction with those features (“Additional Terms”). You must agree to the Additional Terms before using those features. The Additional Terms and this Terms of Use shall apply equally. In the event of an inconsistency between any Additional Terms and the Terms of Use, the Additional Terms will supersede this Terms of Use. If you do not agree to any Additional Terms which apply to specific content or to particular transactions concluded through the Music For Manhattan Websites and Services, then you may NOT use that part of the Music For Manhattan Websites and Services.

  • Registration.

To access certain areas of the Music For Manhattan Websites and Services, you may be asked to create and/or be provided an account to login and access the Music For Manhattan Websites and Services. It is a condition of your use of the Music For Manhattan Websites and Services that all registration details you provide are and will continue to be correct, current and complete. You agree to maintain accurate information about yourself as required by a Music For Manhattan registration processes. You agree to establish and maintain reasonable measures and controls to ensure compliance with this Terms of Use and to prevent the unauthorized use of the Music For Manhattan Websites and Services. You should keep any correspondence you receive relating to the Music For Manhattan Websites and Services (including, but not limited to, your user ID, passwords, other registration information, e-mails or any other information) confidential and in a safe place. If others have access to your computer, user ID or password, or other personal information, they may be able to access information you have obtained from the Music For Manhattan Websites and Services. You shall be fully responsible for all activities that occur by use of your password or user ID. Further, you agree not to use any other party’s user ID and Password for any purpose whatsoever without proper authorization from such party. You agree to notify Music For Manhattan if you learn of or suspect any loss or unauthorized use of your login information (user ID or password) at the address below. Music For Manhattan is not responsible for the security of your Internet access services provider and you should review those security and privacy policies carefully.

  • Ownership of Intellectual Property Rights.

All content included or available through Music For Manhattan Websites and Services, including website design, text, graphics, interfaces, and the selection and arrangements thereof, is protected as the copyrights or other intellectual properties of Music For Manhattan  or its licensors, and is protected by law, including, but not limited to, United States copyright laws and international treaties. Except for the limited license rights expressly granted herein, Music For Manhattan and its licensors retain all right, title and interest in and to the Music For Manhattan Websites and Services (including, but not limited to, any images, animations, video, audio and text). All right, title and interest in and to any third party content which may be accessed through use of the Music For Manhattan Websites and Services is the property of the respective content owner. This Terms of Use grants you no rights to use such third party content. Any software is licensed, not sold.

Music For Manhattan are among the trade names, trademarks, service marks, Internet domain names and registered trademarks of Music For Manhattan and its affiliates, and are protected, without limitation, by U.S. trademark laws and international treaties. They may not be used in connection with any product or service that is not provided by Music For Manhattan, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Music For Manhattan or its affiliates. Other titles, logos, designs, products, services and company names displayed on the Music For Manhattan Websites and Services may be the trademarks and/or service marks of their respective owners, and constitute neither an endorsement nor a recommendation of those owners. This website’s use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Music For Manhattan.

All rights not expressly granted herein are reserved by Music For Manhattan.

  • Limited License Grant; Permission to Print and Copy.

Music For Manhattan grants you a non-exclusive, non-transferable, non-sublicenseable, revocable and limited license to access and use the applicable Music For Manhattan Websites and Services, including to display, copy, distribute and download its content, only for your personal, non-commercial and lawful use (in object code form only), on a single personal computer or hand held computing device operated by you or under your control, running the operating system for which the Music For Manhattan Websites and Services are designed for use in the United States. Except as may otherwise be provided, you may print, download or make copies of content from the Music For Manhattan Websites and Services in unmodified form for personal, non-commercial use only. Any other use of such content, including without limitation, distribution, reproduction, modification, display or transmission without the prior written consent of Music For Manhattan is strictly prohibited. This license terminates automatically if you breach this Terms of Use.  To use the Music For Manhattan Websites and Services, you need a recent version available of an industry standard web browser that is compatible with current secure session encryption methods. Any other use of materials on the Music For Manhattan Websites and Services, including, but not limited to, reproduction, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind without prior written permission of Music For Manhattan is strictly prohibited.

You may only use the Music For Manhattan Websites and Services in a manner that complies with: (a) this Terms of Use; (b) any applicable Music For Manhattan documentation, policies, rules and guidelines, as may be revised from time to time and posted online or otherwise provided to you; and (c) applicable laws and regulations. Music For Manhattan may, at any time and without notice, prohibit access to the Music For Manhattan Websites and Services to any individuals whom Music For Manhattan determines are using the Music For Manhattan Websites and Services in a way not permitted under this Terms of Use, who are restricting or prohibiting any other user from using or enjoying the Music For Manhattan Websites and Services, or whose conduct might constitute a criminal offense, result in civil liability, or otherwise violate any applicable local, state, national or international law. Music For Manhattan may monitor your use of the Music For Manhattan Websites and Services to ensure compliance with this Terms of Use.

  • Links to Other Websites.

The Music For Manhattan Websites and Services may provide links to other websites and resources that are not under the control of Music For Manhattan. Music For Manhattan will not be responsible in any way for the content of such other websites. Music For Manhattan provides such links only as a convenience to the users of the Music For Manhattan Websites and Services, and the inclusion of any link to any such websites does not imply endorsement, sponsorship or recommendation of or affiliation with the third party or its products and services by Music For Manhattan. When you click on one of these linked resources, you may be moving to a third party’s website. Music For Manhattan cannot control the activities of any such third party once you leave the Music For Manhattan Websites and Services, and makes no representation whatsoever about any other website which you may access through the Music For Manhattan Websites and Services, or any information, software or other products or materials found there, or any results that may be obtained by using them. Music For Manhattan encourages you to carefully review the terms of use and privacy policies of these linked websites before you visit such websites or provide any personally identifiable information about yourself. It is up to you to ensure that whatever you select for your use is free from such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so at your own risk.

  • Linking to Music For Manhattan Websites.

All links to Music For Manhattan Websites and Services must appear as hypertext, without use of any Music For Manhattan logos unless otherwise authorized by Music For Manhattan (a “hyperlink” is a tool that allows an end user to be connected to a different web page or website simply by clicking on the hyperlink). Do not use a hyperlink to present work created by Music For Manhattan as your own. Without the advance written consent of Music For Manhattan, third parties may not hyperlink to the Music For Manhattan Websites and Services, unless clear and unmistakable notice is provided to the end user that it is exiting the third-party website and entering the applicable Music For Manhattan Websites and Services. Deep-linking is strictly prohibited unless approved by Music For Manhattan in writing (a “deep-link” is a hyperlink that bypasses a website’s home page and brings an end user directly to an interior page – potentially missing critical privacy and terms of use policies). Do not frame any content created by Music For Manhattan (framing is an alternative form of linking that allows an end user to view a linked web page within a “frame” of the original). Framing confuses and misleads the public as to the origin of the framed materials. Do not use any Music For Manhattan name in the meta or alt tags of your website (such “tags” provide information about the web page which search engines use to index content and prioritize search results). Do not re-host any Music For Manhattan web pages or content without written permission from Music For Manhattan (“re-hosting” is displaying a copy of web pages owned by Music For Manhattan which resides on your server). Re-hosting is considered to be an improper reproduction of Music For Manhattan copyrighted materials.

  • Submissions.

Any material or information sent through or in connection with the Music For Manhattan Websites and Services by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of Music For Manhattan, subject to the Music For Manhattan Privacy Policy. Music For Manhattan may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.

  • WARRANTY DISCLAIMER.

Although care has been taken to ensure the accuracy of the information on the Music For Manhattan Websites and Services, Music For Manhattan AND ITS DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, ABECTS, REPRESENTATIVES, SUPPLIERS AND CONTRACTORS (ALL OF THE FOREGOING, COLLECTIVELY, THE “REPRESENTATIVES”) assumes no responsibility therefor. THE Music For Manhattan WEBSITES AND SERVICES, AND ALL CONTENT, IS PROVIDED “AS IS” AND “AS AVAILABLE.” Music For Manhattan HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THE Music For Manhattan WEBSITES AND SERVICES OR THE CONTENT. Music For Manhattan ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEBSITE, OR ANY WEBSITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE OR CURRENT. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE WITH WHICH IT IS LINKED. Music For Manhattan DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE Music For Manhattan WEBSITES AND SERVICES. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. Music For Manhattan DOES NOT WARRANT THAT THE Music For Manhattan WEBSITES AND SERVICES OR THE SERVERS WHICH MAKE THE Music For Manhattan WEBSITES AND SERVICES AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY Music For Manhattan ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. YOU ACKNOWLEDGE THAT CERTAIN CONTENT AND/OR SERVICES PROVIDED HEREUNDER MAY BE PROVIDED BY A THIRD PARTY, AND THAT Music For Manhattan DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE PRODUCTS, SERVICES OR ACTIONS OF THIRD PARTIES, AND YOUR SOLE AND EXCLUSIVE RIGHTS AND REMEDIES WITH RESPECT TO ANY THIRD PARTY MATERIALS ARE AGAINST THE THIRD PARTY VENDOR AND NOT AGAINST Music For Manhattan.

  • LIMITED LIABILITY OF Music For Manhattan.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Music For Manhattan OR ANY OF ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF USE, LOSS OF REVENUE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE Music For Manhattan WEBSITES AND SERVICES, OR TO ANY LINKED WEBSITE, OR FOR NAY INFORMATION, PRODUCT OR SERVICE OBTAINED THROUGH THE Music For Manhattan  WEBSITES AND SERVICES, EVEN IF Music For Manhattan HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • Indemnification.

You hereby agree to indemnify and hold harmless Music For Manhattan and its Representatives from and against any and all claims, charges, demands, damages, liabilities, losses and expenses of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim, and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by Music For Manhattan and its Representatives, directly or indirectly, by reason of any act or omission which you commit in breach of these Terms of Use, or other terms and conditions or policies set forth elsewhere on this website.