Website Terms and Conditions
(Last Updated April 25, 2019)
The Trebal Music Program maintains this website (the Site) for your personal information and educational use only. The Site provides data and other information that include articles, publications, images, video, audio, and other materials (collectively, the Content) on music and arts education in the United States of America as well as services such as assessment scheduling (collectively, the Services). The Site, Content, and Services are made available subject to your agreement to be bound by the following Website Terms and Conditions (Terms and Conditions). By accessing or using the Site, you agree to be bound by the Terms and Conditions. Any breach of the Terms and Conditions by you immediately terminates your right to access the Site, the Content, and Services.
Age of Users
Individuals under the age of 15 (Minors) are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on the Site, we will remove that information as soon as possible.
Site Content
The Content provided on the Site is and remains at all times the property of The Trebal Music Program. All names, marks, logos and other identifications of the Trebal Music Program are the property of the Trebal Music Program and all rights are reserved.
You should assume that everything you see or read on the Site may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of The Trebal Music Program.
You may access and view the Site and Content, and make use of the Services solely for your own personal, non-commercial use. No whole or part of the Content may be otherwise used for any purpose whatsoever without express written approval of the Trebal Music Program prior to each use.
Except as set forth above, you may not republish, copy, reproduce, transmit, frame, hyperlink, upload, post or distribute in any way, or create derivative forms of this Content. Modification of Content, use of Content for any other purpose, or use of Content on any other website or network computer is strictly prohibited.
Submissions
By submitting content and/or information to The Trebal Music Program via the Site, you hereby grant the Trebal Music Program a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license to such content and information. This includes the right to sublicense to others and to use or reproduce, distribute, publish, modify, edit, translate, transmit, adapt, incorporate into other works or otherwise use the content and information provided by you and/or incorporate such content and information in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favor of the Trebal Music Program all moral rights in such content and information. By submitting content and/or information to the Trebal Music Program you represent and warrant that you have the full right and authority to do so and that any use by the Trebal Music Program of the content and information will not violate the intellectual property rights of any person.
Links
The Site may contain links to third party websites. We provide access to third party websites as a convenience to you. The Trebal Music Program does not endorse the content contained in any third party website. We shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third party website, and we do not make any representations, warranties and conditions, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose. The Trebal Music Program does not make any representation, warranty or condition, implied or statutory that the operation of any third party website will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any third party website is not under the Trebal Music Program control and if you choose to access any third party website, you do so entirely at your own risk.
Disclaimer
THIS SITE, THE CONTENT, THE SERVICES, AND ANY PRINT MUSIC RESOURCE OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TREBAL MUSIC PROGRAM DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE TREBAL MUSIC PROGRAM DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION, IMPLIED OR STATUTORY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, FREE OF ERROR, VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Limitation of Liability
NEITHER THE TREBAL MUSIC PROGRAM, NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE AND/OR CONTENT OR PRINT MUSIC RESOURCES OR SERVICES OR ANY LINKED SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE CORPORATION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO THE TREBAL MUSIC PROGRAM, IF ANY, TO ACCESS THIS SITE OR IN THE CASE OF A PRINT MUSIC RESOURCE PURCHASE, THE PRINT MUSIC RESOURCE PURCHASE PRICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO THE CORPORATION TO ACCESS THIS SITE OR FOR A PRINT MUSIC RESOURCE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE TREBAL MUSIC PROGRAM, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree, at your own expense, to indemnify, defend and hold the Trebal Music Program, its licensors and/or suppliers, and their respective directors, officers, employees, representatives, and agents harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of your breach of these Terms and Conditions.
Changes to Terms and Conditions
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without prior notice to you. If we do this, we will post the changes to these Terms and Conditions via the Terms and Conditions page and will indicate at the top of that page the date these terms were revised. Your access to and use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
We also reserve the right to add, delete, modify or amend features and/or services contained within the Site, to limit the availability of the Site, and/or to limit the provision of any content, service, or product described herein to any person, geographic area or jurisdiction, at any time and in our sole discretion, as well as to limit the quantities of any content, service, or product(s) that we may provide.
Miscellaneous
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforce-ability of any remaining provisions.
These Terms and Conditions, the Privacy Policy, represent the entire agreement between us relating to your right to access and use the Site and purchase print music resources via the Site, and supersede any and all prior or written or oral agreements between us with respect to such subject matter.
No waiver by the Trebal Music Program of any breach or default by you under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any legal action concerning these Terms and Conditions shall be interpreted under the laws of the State of Georgia and shall be subject to the exclusive jurisdiction of the state and federal courts located in Riverdale, Georgia. Notwithstanding the foregoing, legal actions involving California residents will be interpreted under the laws of the State of California, and may be subject to jurisdiction either in the state and federal courts located in Riverdale, Georgia or the state and federal courts located in the California county in which the California resident resides.
(Last Updated April 25, 2019)
The Trebal Music Program maintains this website (the Site) for your personal information and educational use only. The Site provides data and other information that include articles, publications, images, video, audio, and other materials (collectively, the Content) on music and arts education in the United States of America as well as services such as assessment scheduling (collectively, the Services). The Site, Content, and Services are made available subject to your agreement to be bound by the following Website Terms and Conditions (Terms and Conditions). By accessing or using the Site, you agree to be bound by the Terms and Conditions. Any breach of the Terms and Conditions by you immediately terminates your right to access the Site, the Content, and Services.
Age of Users
Individuals under the age of 15 (Minors) are not permitted to use the Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on the Site, we will remove that information as soon as possible.
Site Content
The Content provided on the Site is and remains at all times the property of The Trebal Music Program. All names, marks, logos and other identifications of the Trebal Music Program are the property of the Trebal Music Program and all rights are reserved.
You should assume that everything you see or read on the Site may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of The Trebal Music Program.
You may access and view the Site and Content, and make use of the Services solely for your own personal, non-commercial use. No whole or part of the Content may be otherwise used for any purpose whatsoever without express written approval of the Trebal Music Program prior to each use.
Except as set forth above, you may not republish, copy, reproduce, transmit, frame, hyperlink, upload, post or distribute in any way, or create derivative forms of this Content. Modification of Content, use of Content for any other purpose, or use of Content on any other website or network computer is strictly prohibited.
Submissions
By submitting content and/or information to The Trebal Music Program via the Site, you hereby grant the Trebal Music Program a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license to such content and information. This includes the right to sublicense to others and to use or reproduce, distribute, publish, modify, edit, translate, transmit, adapt, incorporate into other works or otherwise use the content and information provided by you and/or incorporate such content and information in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favor of the Trebal Music Program all moral rights in such content and information. By submitting content and/or information to the Trebal Music Program you represent and warrant that you have the full right and authority to do so and that any use by the Trebal Music Program of the content and information will not violate the intellectual property rights of any person.
Links
The Site may contain links to third party websites. We provide access to third party websites as a convenience to you. The Trebal Music Program does not endorse the content contained in any third party website. We shall not be held responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any third party website, and we do not make any representations, warranties and conditions, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose. The Trebal Music Program does not make any representation, warranty or condition, implied or statutory that the operation of any third party website will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any third party website is not under the Trebal Music Program control and if you choose to access any third party website, you do so entirely at your own risk.
Disclaimer
THIS SITE, THE CONTENT, THE SERVICES, AND ANY PRINT MUSIC RESOURCE OBTAINED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TREBAL MUSIC PROGRAM DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THE TREBAL MUSIC PROGRAM DOES NOT MAKE ANY REPRESENTATION, WARRANTY OR CONDITION, IMPLIED OR STATUTORY THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED, FREE OF ERROR, VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Limitation of Liability
NEITHER THE TREBAL MUSIC PROGRAM, NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE AND/OR CONTENT OR PRINT MUSIC RESOURCES OR SERVICES OR ANY LINKED SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE CORPORATION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO THE TREBAL MUSIC PROGRAM, IF ANY, TO ACCESS THIS SITE OR IN THE CASE OF A PRINT MUSIC RESOURCE PURCHASE, THE PRINT MUSIC RESOURCE PURCHASE PRICE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID BY YOU TO THE CORPORATION TO ACCESS THIS SITE OR FOR A PRINT MUSIC RESOURCE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM THE TREBAL MUSIC PROGRAM, OUR AFFILIATES, LICENSORS, SUPPLIERS, AND EACH OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS, EMPLOYEES, LICENSORS, AND SUPPLIERS, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree, at your own expense, to indemnify, defend and hold the Trebal Music Program, its licensors and/or suppliers, and their respective directors, officers, employees, representatives, and agents harmless against any claim, suit, demand, action or other proceeding brought or threatened by a third party as a result of your breach of these Terms and Conditions.
Changes to Terms and Conditions
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms and Conditions at any time without prior notice to you. If we do this, we will post the changes to these Terms and Conditions via the Terms and Conditions page and will indicate at the top of that page the date these terms were revised. Your access to and use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.
We also reserve the right to add, delete, modify or amend features and/or services contained within the Site, to limit the availability of the Site, and/or to limit the provision of any content, service, or product described herein to any person, geographic area or jurisdiction, at any time and in our sole discretion, as well as to limit the quantities of any content, service, or product(s) that we may provide.
Miscellaneous
If any provision of these Terms and Conditions is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforce-ability of any remaining provisions.
These Terms and Conditions, the Privacy Policy, represent the entire agreement between us relating to your right to access and use the Site and purchase print music resources via the Site, and supersede any and all prior or written or oral agreements between us with respect to such subject matter.
No waiver by the Trebal Music Program of any breach or default by you under these Terms and Conditions shall be deemed to be a waiver of any preceding or subsequent breach or default.
Any legal action concerning these Terms and Conditions shall be interpreted under the laws of the State of Georgia and shall be subject to the exclusive jurisdiction of the state and federal courts located in Riverdale, Georgia. Notwithstanding the foregoing, legal actions involving California residents will be interpreted under the laws of the State of California, and may be subject to jurisdiction either in the state and federal courts located in Riverdale, Georgia or the state and federal courts located in the California county in which the California resident resides.
