Last updated: July 6, 2017
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, IMMEDIATELY STOP ACCESSING THE SITE.
Disclaimer of Warranty
Your participation on the Site is at your own risk and discretion. The posted materials are provided to you “AS IS” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and against infringement. Georgetown Chorale (“Chorale”) does not warrant that the functioning of the Site or the content or information on the site will be uninterrupted, secure or error free, that defects will be corrected, or that the Site, the server that makes it available, or any other technologies used in connection with the Site or your personal information are free of viruses or other harmful components. Chorale does not warrant or make any representations that any results obtained from use of the Site will be effective, accurate or reliable, or regarding the correctness, accuracy, or reliability of the maintenance of any of your personal information. Dates, times, locations, performers, and prices of events are subject to change. Chorale reserves the right to change the Site content and information at any time without notice. (See “Modification of Terms” below.) Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
You acknowledge and agree that proprietary rights and laws protect all content and information on the Site. Chorale is the owner of the compilation of content that is posted on the Site. Individual pages may contain content that is the property of Chorale, artists or other independent contractors, or individual users. All rights in such materials are reserved to the respective owners.
In the absence of express permission in the content description, you agree not to modify, copy, distribute, display, perform, reproduce, publish, license, transfer, create derivative work from, sell or re-sell any content or information obtained from or through the Site. In certain circumstances, reproduction only for your own personal, non-commercial use may be authorized. Any reproduction permitted of copyrighted Chorale content or information must contain the following notice: “Copyright © [Year] Georgetown Chorale. All rights reserved.”
The Chorale logo, program names, and other logos may be registered or unregistered trademarks and service marks of Chorale or third parties and may not be used without express written permission of the owner. Nothing on the Site shall be construed as granting any license to use any trademark displayed on the Site.
If you believe that Chorale has inappropriately posted your copyrighted content, please contact us in writing at Georgetown Chorale, P.O. Box 19541, Washington, DC 20036, including a statement, under penalty of perjury, describing the alleged infringement, including the material and where it is located on the Site, a statement of your good-faith belief that the use is not authorized, a digital or physical signature from a person authorized to act on the copyright owner’s behalf, and your name, address, telephone number and email address.
Information Collection and Privacy
Third Party Sites
The Site may contain links to other websites maintained by third parties. These links are provided solely as a convenience and do not imply Chorale’s endorsement of, or association with, the party or the content or services at the Site. Such links are not intended to state or imply that Chorale is legally authorized to use any registered trademark, logo or copyrighted symbol that may be reflected in those links. Chorale and its directors, officers, employees, agents and representatives (collectively, “Chorale’s Affiliates”) are not responsible for any information or materials contained on or linked to any other website.
You understand and agree that, to the fullest extent permitted under applicable law, under no circumstances shall Chorale, Chorale’s Affiliates or Chorale’s independent contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages of any kind that may result in any way from your access to, use or inability to access or use the Site or the information, services or merchandise provided on or through the Site (including, without limitation, any provided from you, third-party sites linked to the Site, or other third parties), or from your reliance on the Site or such information, services, or merchandise, including, without limitation, any damages that result from mistakes, errors, omissions, interruptions, defects, deletion of files, viruses, delays in operation or transmission, any failure of performance, or any actions Chorale takes or fails to take as a result of email messages that you send to Chorale, even if Chorale or our representatives have been negligent or have been advised of the possibility of such damages. In no event shall Chorale’s liability to you for all damages, losses and cause of action arising out of your use of the website exceed the greater of $20 or the amount paid by you, if anything, for access to the Site or for any merchandise, services, or other items involved. Certain jurisdictions prohibit the types of limitations in this paragraph, thus the above limitations may not apply to you.
Limitation of Liability
You agree to indemnify, defend and hold Chorale, its directors, officers, employees, agents and independent contractors harmless from all claims, causes of actions, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to (a) your violation of these Terms or the rights of any other user, or (b) your use of the Site or any services provided through the Site or by third parties linked to the Site. Chorale shall have sole control over any such defense.
To the extent that Chorale makes any interactive features available on the site, such as the ability to post comments or engage in discussions, you agree that any comments, content, links, or other material provided by you will not (a) violate any law, (b) impersonate any person or entity or misrepresent your affiliation with any person or entity, (c) stalk, harass or harm another individual, (d) promote intolerance toward any protected class, (e) collect or store personal data about other users or visitors to the Site, (f) disobey any requirements, procedures, policies or regulations of any contractor providing services through the Site or maintaining the Site, (g) upload, post or otherwise transmit any content that infringes any intellectual property or other proprietary rights of any third party or that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. In posting materials to the Site, you represent that you have all necessary rights in and to such materials and that such posting is in compliance with the Terms. In posting materials to the Site, you agree that you are thereby granting Chorale a perpetual, non-exclusive license to use, reproduce, prepare derivative works of, distribute, perform, store, host, modify and display any such materials in any matter or medium and to sub-license such rights to any third party.
Chorale and its designees shall have the right (but not the obligation) in their sole discretion to review and remove or refuse to remove any content that is made available on the Site by others, including, without limitation, any content that violates the Terms or is otherwise objectionable. Notwithstanding the foregoing, Chorale expressly disclaims any responsibility or liability for any material communicated by you or third parties through the Site.
Content and Posting Policy
Chorale may change these Terms from time to time and you are responsible for checking whether the Terms have been revised. Chorale will revise the date of the last update shown at the beginning of the Terms in the event of any such revision, and may include the dates of each revision with an indication of the applicable sections that were revised. Your access and use of the Site following any such revision will constitute your agreement to the revised Terms.
Modification of Terms
Governing Law and Jurisdiction
Any disputes arising out of or related to these Terms or any use by you of the Site shall be governed by the laws of the United States without regard to the conflicts of laws provisions therein. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms shall be brought in a court of the Government of the District of Columbia or in the United States District Court for the District of Columbia.
Except as expressly provided herein, these Terms contain the entire terms between Chorale and you. In the event any provision of these Terms is held to be illegal, invalid or unenforceable, then the remaining terms shall remain in full effect, the unenforceable term will be stricken and, to the extent permitted by law, an enforceable term will be substituted reflecting Chorale’s intent as closely as possible. Chorale’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action brought by you arising out of or related to your use of the Site or information, services, merchandise or other material provided by or through the Site must be filed within one (1) year after such claim or cause of action arose, or shall be forever barred.