These Terms and Conditions of Use (“Agreement”) form a legal agreement between you and All Classical Public Media, Inc. (hereinafter referred to as “All Classical”), the owner and developer of the Recording Inclusivity Initiative website and How-To Kit (the “Site”). By registering for any service or information provided on the Site, you become a user (“User”) and you agree to be bound by all of the terms (the “Terms”) set forth in this Agreement as long as you remain a User. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY SITE SERVICE. The Terms are subject to change at any time, effective upon notice to you.
- Site Use. The resources contained within this Site are made available for informational, REFERENCE, and educational purposes ONLY. All Classical grants you a limited, revocable, nonexclusive license to use this Site, and the resources contained therein, solely for your own informational, reference, and educational purposes in connection with establishing your own approach to advancing the goals of the Recording Inclusivity Initiative, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. The use of this Site is at the discretion of All Classical and All Classical may terminate your use of this Site at any time.
- Limitations of Liability and Indemnification. By using any resources provided by this Site, you agree that in no event will the Site, All Classical, its and their officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the resources made available by the Site. Your sole remedy for any breach or default of this Agreement by the Site or All Classical shall be a return of any fees paid (if any) to the Site or All Classical for any resources provided under this Agreement. You indemnify and agree to defend and hold harmless the Site, All Classical, its and their officers, employees, agents, affiliates, licensees and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Site, including any breach by you of the Terms contained in this Agreement.
- Do Not Rely on Resources and Information Provided on the Site. All documents, opinions, advice, statements or other resources and information available on the Site should not necessarily be relied upon and are not to be construed as professional advice from the Site or All Classical. The Site and All Classical do not guarantee the accuracy or completeness of any of the resources and information provided, and are not responsible for any loss resulting from your reliance on such information. No professional advice is implied or should be assumed in connection with inclusion of these resources within the Site. The availability of the resources and information within the Site does not constitute legal or professional advice.
- Ownership, Copyrights, Trademarks, Licenses. The Site and All Classical own and retain all proprietary rights to the Site, the Recording Inclusivity Initiative trademarks, including, but not limited to, the word mark and design marks (the “RII Marks”), and copyrights derived from the resources and information made available through the Site. All Classical hereby grants you a limited, revocable, nonexclusive license to use the RII Marks solely in connection with your participation in and advance of the Recording Inclusivity Initiative. Except as otherwise provided for herein and except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of the Site, the RII Marks, and All Classical without further written consent.
- Credit. Wherever and whenever reasonably possible, you agree to include an appropriate credit for the Recording Inclusivity Initiative on materials that you create in connection with your participation in the Recording Inclusivity Initiative, including, but not limited to, physical and digital recordings that you release and accompanying promotional assets. All Classical requests that credit be accorded in the following form: “A recording project of the Recording Inclusivity Initiative, founded by All Classical Radio.”
- No Warranties. The Site and All Classical provide the Site resources and information on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the resources and information provided. Specifically, the Site and All Classical do not warrant that the resources and information will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the information will be corrected.
- Feedback. All Classical welcomes suggestions and feedback or how to improve this Site. Please contact us at RII@allclassical.org. The submission of any suggestions or ideas through this Site will be deemed permission for All Classical to use, adopt or modify them without additional consideration. All suggestions and ideas so submitted become the sole property of All Classical.
- Privacy Notice. All Classical may, from time to time, collect personal information about you that you voluntarily submit to the Site in order to become a User of the Site. If you do not wish to provide such information to the Site, you may be unable to register and/or to obtain the resources and information made available through the Site. All Classical may collect or track: (a) the server domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser of visitors to the Site; (b) the email addresses of visitors that communicate with All Classical via email; (c) information knowingly provided by User in registration forms, surveys, email, and other online avenues; and (d) aggregate and User-specific information regarding which pages a User accesses. All Classical may place Internet “cookies” on your hard drive. Internet cookies are small amounts of data that contain a unique identifier that many websites frequently send to your web browser to be stored on your computer’s hard drive in order to save data about you, such as your name, password, user-name, screen preferences, and the pages of a website you have viewed. When you revisit the Site, All Classical may recognize you by your Internet cookies and customize your experience accordingly. You may decline Internet cookies by using the appropriate feature of your Web browser software, if available. All Classical may use Google Analytics or a similar service to gather, store, and track certain information related to your visit to and activity on the Site. The collection, use, and disclosure of information contemplated in this Privacy Notice may involve a transfer of the information to jurisdictions located outside your country of residence that may not have equivalent laws and rules regarding personally identifiable information. All Classical may use Site visitor data to contact Site visitors regarding registration and account status and changes to this Agreement and any other policies or agreements relevant to Site visitors. Individually identifying personal information provided through the Site will not be sold, exchanged, transferred or otherwise disclosed to third parties not affiliated with All Classical without your consent, other than for the express purpose of delivering the applicable service or information requested. All Classical has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personal information. Despite All Classical’s efforts to protect your personal information, there is always a risk that an unauthorized third party may circumvent such procedures or that transmissions of your information over the Internet may be intercepted. The confidentiality of any communication or material transmitted to or from All Classical via this Site or via email cannot be and is not guaranteed. Upon your request via postal mail, email, or telephone, All Classical will provide you with a summary of any personal information retained by All Classical that has been voluntarily provided by you through registration forms, surveys, email, or another online avenue.
- Links to Other Websites. All Classical has provided links to other websites for your convenience. These sites are maintained by other organizations and All Classical expressly disclaims any responsibility for the content, and/or quality of products or services provided by or made available on these third party websites.
- Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Oregon, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the District of Oregon, and you hereby consent to the jurisdiction of any such court.
- Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
- Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on the Site will be truthful. Your name, address, and e-mail address are kept confidential.
- Entire Agreement. This Agreement constitutes your entire Agreement with the Site and All Classical with respect to any resources and information made available on the Site.
- Waiver. The failure of the Site or All Classical to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Site or All Classical must be in writing and signed by an authorized representative of All Classical.
You further understand and agree that clicking or pressing on the “I agree” is the electronic equivalent of a written signature on this document.
