2. Conditions of Use
Except as may be expressly authorized by Make Music Matter, any reproduction, modification or distribution of the Website materials or content, in whole or in part, is strictly prohibited. Notwithstanding the foregoing Make Music Matter hereby grants to you a license to view, download, and retain copies of this Website and materials published by Make Music Matter on this Website for your personal, non-commercial use only, provided you do not remove or alter any copyright or other proprietary notices. You also agree that you will not use any part of this Website in such a way that suggests any type of relationship between Make Music Matter and you or any entity related to you, unless you have received prior consent from Make Music Matter. Except to the extent permitted by copyright law no copying or use of the material from this site is permitted except in accordance with the Policy or the express permission of Make Music Matter. Make Music Matter reserves the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Make Music Matter or any of its respective employees, agents, officers, directors or third party service providers shall not be liable to you or any third party should Make Music Matter exercise this right. You represent and warrant that any information or materials you provide to Make Music Matter or post on its Website is accurate, truthful, not misleading, not confidential property of third parties, does not violate third party rights, and is offered in good faith. This includes, but is not limited to, information provided as part of any registration, to gain access to, or for use of any service offered on the Website. In addition you agree not to use the Website in connection with any of the following activities: a) sending and relaying spam, impersonating another person or entity, falsely misrepresenting your identity or your affiliations; b) using the site for illegal or fraudulent purposes; c) using the site for transmitting or distributing any objectionable material that is illegal, harassing, defamatory, tortuous, sexually explicit, obscene, hateful, or racist; d) transmitting material that contain computer programs including but not limited to viruses, Trojan horses, worms, time bombs, and cancel bots, which are designed to disrupt, destroy, harm, or damage the operation of the Website or computer. Make Music Matter reserves the right at any time, in its discretion, to remove any content or material provided or posted by you including, but not limited to, materials Make Music Matter deems to be in violation of the Policy.
3. Monitoring Information
Make Music Matter makes reasonable efforts to ensure that the information provided through the Website is current and accurate. Make Music Matter makes no representations or warranties as to the accuracy, reliability, completeness or timeliness of such information.
4. Ownership of Intellectual Property
Make Music Matter owns all rights, title and interest in the Website and you acquire no interest therein. The materials provided on the Website including, without limitation, all content, site design, text, graphics and the selection and arrangement thereof are protected by copyright. All rights are reserved. Any unauthorized use or any reproduction, modification or distribution of the materials is strictly prohibited. Nothing in the Policy or your use of the Website shall grant you any rights in or to the intellectual property or proprietary rights of Make Music Matter or of any third party. If you provide material or post content onto the Website you are hereby waiving all moral rights you may have in the material you have provided or posted. By providing or posting this material onto the Website you hereby grant to Make Music Matter a nonexclusive, royalty free, perpetual, and irrevocable license which allows Make Music Matter the right to use, edit, modify, adapt, reproduce, publish, distribute and display such material. You represent and warrant that you own all rights to the material you post on the Website and therefore have the authority to grant such a license. Nothing in this or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any trade-marks or trade-names of Make Music Matter. The names of other companies, products or services referred to on the Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Make Music Matter or of third parties is strictly prohibited.
You may not frame this Website nor link to this Website without Make Music Matter’s express permission. If you wish to link to this Website please contact us at firstname.lastname@example.org. Certain links on this Website lead to other websites (“Linked Sites”). Independent parties over whom Make Music Matter has no control maintain the Linked Sites. Use of any linked site is entirely at your own risk. Make Music Matter makes no representations or warranties as to the accuracy or any other aspect of the information contained on the Linked Sites, including the goods or services sold or made available. Make Music Matter therefore disclaims all liability and responsibility, directly or indirectly, for the availability of information, content, accuracy, products, or services found on and any use of third party sites which are linked from or to the Website. The existence of a link from the Website to any third party site does not constitute an endorsement by Make Music Matter of the Linked site or any goods, services or information provided through such Linked Sites.
6. Compliance with Laws
In addition to complying with the Policy, you agree to use the Website and services available on or through the Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party’s use or enjoyment of the Website.
7. Disclaimers, Limitations of Liability and Indemnification
YOU UNDERSTAND AND AGREE THAT: USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. MAKE MUSIC MATTER DOES NOT PROVIDE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES REGARDING MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MAKE MUSIC MATTER DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE. THE DOWNLOADING OF MATERIAL FROM THE WEBSITE IS DONE AT YOUR OWN RISK. MAKE MUSIC MATTER DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE OR ANY LINKED SITE. MAKE MUSIC MATTER DOES NOT ENDORSE THE OPINIONS OF ANY THIRD PARTY EXPRESSED ON THE WEBSITE OR ANY SITE ACCESSIBLE THROUGH THE WEBSITE.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAKE MUSIC MATTER, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS BE LIABLE FOR ANY: (i) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, COMPENSATORY OR PUNITIVE DAMAGES; (ii) DAMAGES FOR LOSS OF INCOME, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR BUSINESS INFORMATION, LOSS OF OR DAMAGE TO PROPERTY; (iii) CLAIMS OF THIRD PARTIES; OR (iv) OTHER PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THE POLICY, THE WEBSITE OR ANY LINKED SITE.
THE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY SET OUT IN THE POLICY SHALL APPLY REGARDLESS OF THE CAUSES, CIRCUMSTANCES OR FORM OF ACTION GIVING RISE TO THE LOSS, DAMAGE, CLAIM OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE, CLAIM OR LIABILITY IS BASED UPON BREACH OF CONTRACT (INCLUDING, WITHOUT LIMITATION, A CLAIM OF FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF MAKE MUSIC MATTER, ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS ARE ADVISED OF THE POSSIBILITY OF THE LOSS, DAMAGE, CLAIM OR LIABILITY.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MAKE MUSIC MATTER AND ITS SERVICE PROVIDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, DEMANDS, LOSSES OR EXPENSES (INCLUDING ALL LEGAL FEES) BROUGHT BY YOU OR ANY THIRD PARTY ARISING OUT OF YOUR USE OF THIS SITE IN BREACH OF THIS OR ANY OF MAKE MUSIC MATTER POLICIES OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.
The laws of the Province of Ontario and the federal laws of Canada applicable therein shall govern your use of the Website. The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising out of your use of the Website.
The Policy, any and all other notices, policies and statements contained on the Website (as the same may be amended by Make Music Matter from time to time without prior notice) constitute the entire agreement between Make Music Matter and you. The Policy cannot be modified except as described elsewhere herein. The Policy supersedes anything in the Website inconsistent with the Policy. No delay or failure to exercise any right or any non-compliance by you, the user, with respect to the terms of the Policy shall be construed as a waiver by Make Music Matter. No waiver of any of the Policy shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If in any jurisdiction any part of the Policy is held, by a court of competent jurisdiction, to be invalid or unenforceable, such part of the Policy shall be restricted or eliminated to the minimum extent necessary with respect to that jurisdiction, and the remaining Policy shall otherwise remain in full force and effect. If such invalid or unenforceable provision may be modified to become valid and enforceable, such provision will be deemed to be modified so as to be valid and enforceable to the greatest extent allowed by law.