2. INTELLECTUAL PROPERTY
The design of this website and its content are the property of Friends of The Music Hall (“TMH”) and are protected by copyright, trademark, and other intellectual property laws. TMH authorizes you to view and download the content portion of this website only for your personal, non-commercial use, provided that you retain, on any copies of the materials, all copyright and other proprietary notices contained on the original materials. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit this website or its content.
The display of any trade names, trademarks, service marks, logos, or domain names on this website does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos, or domain names. Any unauthorized downloading, re-transmission, or other copying, modification, or use of trade names, trademarks, service marks, logos, or domain names may be a violation of trademark and copyright laws and could subject you to legal action.
If you post content or submit material to this website, you grant TMH a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereinafter devised. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content does not violate this policy and will not cause injury to any person or entity; and that you will defend, indemnify and hold TMH and its employees, agents, officers, directors, agents, contractors, suppliers, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys’ fees) resulting from content you supply. TMH has the right but not the obligation to monitor and edit or remove any activity or content. TMH takes no responsibility and assumes no liability for any content posted by you or any third party.
You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of this website, you do so at your own risk. TMH does not guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient securely.
YOUR ACCESS TO AND USE OF THIS WEBSITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES. TMH DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE. THIS WEBSITE AND THE INFORMATION ON IT ARE PROVIDED “AS IS.” TMH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TMH SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS THIS WEBSITE, OR DELAYS, INACCURACIES, ERRORS, DEFECTS OR OMISSIONS IN THE WEBSITE, REGARDLESS OF THE CLAIM OR AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF TMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
TMH SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH USE OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF TMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU HEREBY EXPRESSLY RELEASE TMH FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEBSITE AND ITS CONTENT INCLUDING ANYTHING DOWNLOADED OR ACCESSED. TMH DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS, AND IS NOT RESPONSIBLE FOR ANY INCONVENIENCE OR OTHER LOSS THAT YOU MAY SUFFER AS A RESULT.TMH IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THIS WEBSITE.
Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content (including but not limited to user e-mails, discussion groups, chat rooms, blogs, etc.) merchandise, and services available through this site.
You agree to defend, indemnify, and hold TMH and its employees, agents, officers, directors, agents, contractors, suppliers, constituents and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys’ fees) in connection with or arising from your use of this website. TMH may participate in the defense of any claim or action at your expense and any negotiations for settlement. TMH reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder.
If any provision of these Terms and Conditions of Use is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any term, exercising any option or requiring performance shall be a waiver of that or any other right.
7. LINKS ON THIS WEBSITE TO THIRD PARTY SITES
This website may contain hyperlinks to websites operated by persons or entities other than TMH. Such hyperlinks to other websites, whether to a home page or some other page on a website, are provided for your reference and convenience only. You agree not to hold TMH responsible for the content or operation of such websites. A hyperlink from this website to another website does not imply or mean that TMH endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you might link from this website.
Websites operated by persons or entities other than TMH may contain hyperlinks to this website. You agree not to hold TMH responsible for the content or operation of such third party websites. A hyperlink to this website on another website does not imply or mean that TMH endorses either the content of the web site containing the hyperlink to this website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites which might link to this website.
You agree that you will not upload to, distribute, or otherwise publish on or through the website any slanderous, obscene, libelous, defamatory or unlawful material. You are solely responsible for any content you post to this web site and represent and warrant that such content (a) shall not be fraudulent; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance, or regulation (including without limitation those governing import/export control, consumer protection, unfair competition, anti-discrimination, or false advertising); and (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information.
9. INTERNATIONAL VISITORS
TMH makes no representation that materials on this website are appropriate or available for use in locations outside the United States. If you access this website from outside the United States you are responsible for compliance with local laws.
10. CHOICE OF LAW AND FORUM
These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the United States of America and the State of New Hampshire, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions of Use or your use of this site shall be in the state or federal courts located in the County of Rockingham in the City of Portsmouth, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
11. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TMH’s copyright agent the following information in writing:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• 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;
• 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.
TMH’s Copyright Agent for notice of claims of copyright infringement on its site can be reached via email: firstname.lastname@example.org