Terms of Use
Music in the Alps LLC
Music in the Alps Plus LLC (“Production Company”) provides the website (http://www.musicinthealps.com) as well as any other electronic resources, howsoever available from time to time (the "Website") in order to provide you with information about the Music in the Alps Music Institute and International Festival as well as certain other events and services that may take place or be available worldwide through the efforts of Production Company (all such events, offerings, services or initiatives, the “MITA Events”).
The following terms and conditions (the "Terms and Conditions") govern your use of the Website on which these Terms and Conditions are posted. Your use of certain areas or features of the Website may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature.
The Website is owned and operated by the Production Company ("Music in the Alps Plus LLC", “Production Company” or "we" or "us" or "our" or other similar pronouns). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Website. BY ACCESSING, USING, BROWSING, OR BUYING ON THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
1. Proprietary Rights. As between you and the Production Company, Production Company owns, solely and exclusively, all rights, title and interest in and to the Website, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organization of the Website, and the compilation of the content, code, data and materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Website does not grant to you ownership of any content, software, code, data, or materials you may access on the Website.
2. Limited License. We offer the Website and its services only to those who may lawfully enter into and form contracts under applicable law. For example, minors are not allowed to submit applications on the Website without the supervision of a parent or legal guardian. You agree to comply with all applicable law, statutes and regulations regarding use of the Website. You may access and view the content on the Website on your computer or other Internet compatible device, including mobile devices and tablets, and make single copies or prints of the content on the Website for your internal, personal use only. The Website and the services offered on or through the Website, including any content, software, code, data and materials thereon, are only for your own internal, personal use. The Website is not directed to children younger than 13 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use the Website except under supervision of a parent or legal guardian. Any person who provides their personal information through the Website represents to us that they are 13 years of age or older.
3. Prohibited Use. Any commercial distribution, publishing or exploitation of the Website, or any content, software, code, data or materials on the Website, is strictly prohibited unless you have received the express prior written permission of Production Company or the applicable rights holder. Other than as provided in Section 2 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Website. If you make other use of the Website, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. Production Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
4. Trademarks. The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of ours and, possibly from time to time, others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, if any, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any Trademark displayed on the Website without our express written permission or that of the third party rights holder. Your misuse of any Trademarks displayed on the Website is strictly prohibited. Production Company will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.
5. User Information. In the course of your use of the Website, you may be asked to provide certain personalised information to us (such information referred to hereinafter as "User Information"). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Production Company’s then current privacy policy which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.
6. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Website, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us ("Submitted Materials") will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Production Company’s then current Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.
7. Prohibited User Conduct. You warrant and agree that, while using the Website and the various services and features offered on or through the Website, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Website’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) attempt to gain unauthorized access to other computer systems through the Website; (d) engage in spidering, "screen scraping," "database scraping," harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of catalogue items or information, users or other information from or through the Website or the services offered on or through the Website, including without limitation any information residing on any server or database connected to the Website or the services offered on or through the Website; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, or impair the Website or such services; (g) use the Website or the Website’s services or features in violation of Production Company or any third party's intellectual property or other proprietary or legal rights; or (h) use the Website or the Website’s services in violation of any applicable law. You further agree that you may not attempt (or encourage or support any one else's attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Website or the Website’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Website.
8. Right to Monitor and Editorial Control. If Production Company makes available functionality to post information and materials to the Website, Production Company reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Website or through the Website’s services or features by users. Production Company is not responsible for any such information and materials posted by users. However, Production Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Production Company’s sole discretion are objectionable or in violation of these Terms and Conditions, Production Company’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
9. Linking to the Website. You agree that if you include a link from any other web site to the Website, such link shall: (i) not contain any logos, but rather should merely read "Music in the Alps Music Institute and International Festival” in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Website. You are not permitted to link directly to any image hosted on the Website or our services, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site. You are permitted to link directly to videos hosted on the Website only with proper credit to Production Company, and you may not alter the videos in any way. You agree not to download or use images hosted on this Website on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Website in any manner such that the Website, or any page of the Website, is "framed," surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other web site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to Music in the Alps Plus LLC at the then-current address available on our website (the “Notice Address”), Attention: Music in the Alps Plus LLC, Website Management.
10. Indemnification. You agree to defend, indemnify on demand and keep Production Company indemnified, and hold Production Company and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the services thereon, your placement or transmission of any message, content, information, software or other materials through the Website, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. Production Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Production Company defense of such claim.
11. Requests to Participate in or attend MITA Events. We may make certain spots available for participation in, or attendance of, certain MITA Events. These spots are available at our discretion and are not guaranteed. If a spot is offered based on submission via the Website, your engagement is subject to these terms as well as the General Terms applicable to all participants, provided at time of registration. You agree to pay in full the prices for any spot made available to you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Production Company. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. We may from time to time make products or services available for purchase on the Website. You agree that if you purchase and/or download any such products or services on or through the Website, such purchase may be subject to additional terms and conditions presented to you at the time of such purchase or download.
12. Third Party Web Sites. You may be able to link from the Website to third party web sites and third-party web sites may link to the Website ("Linked Sites"), if we provide this functionality now or in the future. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such web sites or the information, content, products, services, advertising, code or other materials presented on or through such web sites. Any reliance on the contents of a third party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster.
13. Copyright Agent Notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our attention at the Notice Address noting:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
14. DISCLAIMER OF WARRANTIES. THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT, REPRESENT OR COVENANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. PRODUCTION COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR SOFTWARE FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE WEBSITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE WEBSITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE WEBSITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE WEBSITE.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, PRODUCTION COMPANY AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FAQ DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH PRODUCTION COMPANY OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY PRODUCTION COMPANY "AS IS," EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND PRODUCTION COMPANY OR ITS LICENSOR OR SUPPLIER.
15. LIMITATION OF LIABILITY. IN NO EVENT SHALL PRODUCTION COMPANY, ITS AFFILIATES OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE, WHETHER IN AN ACTION BASED ON A CONTRACT INDEMNIFICATION, OBLIGATION, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), COLLATERALLY OR ARISING FROM ANY STATUTORY DUTY, PRE-CONTRACT OR OTHER REPRESENTATIONS, OR OTHERWISE, HOWEVER ARISING, FOR ANY ECONOMIC LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS, GOODWILL OR ANTICIPATED SAVINGS) OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO PRODUCTION COMPANY FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS OR SERVICES VIA THE WEBSITE.
16. Local Standards. We do not represent that materials on the Website are appropriate for use in all locations. Persons who choose to access the Website do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
17. Termination. Production Company may terminate, change, suspend, add to or discontinue any aspect of the Website or the Website’s services at any time, in its sole discretion, and without liability to any user. Production Company may restrict, suspend or terminate your use of or access to the Website and/or its services if we believe you are in breach of or are attempting to breach our terms and conditions or applicable law, or for any other reason without notice or liability (including, for example, if we learn that you have provided us with false or misleading information, or interfered with other users or the administration of our Website or services). Production Company maintains a policy that provides for the termination in appropriate circumstances of the Website use privileges of users who are repeat infringers of intellectual property rights.
18. Changes to Terms and Conditions and Website. Production Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and it will post the revised version on this Website. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Website and/or the services offered on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
19. Miscellaneous. The Terms and Conditions and the relationship between you and us shall be governed by the laws of the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the State of New York in New York City. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York City in the State of New York. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions by Production Company must be made in writing and signed by an authorized representative of Production Company specifically referencing these Terms and Conditions and the provision to be waived. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, Production Company successors, assigns and licensees. There are no third party beneficiaries to this Agreement.
20. Further Inquiries. You may direct questions about these Terms and Conditions, or other issues, to the attention of “Music In the Alps Plus LLC, Attention: Legal Counsel” at the Notice Address specified above.
Last Modified: December 2019