Terms of Service
Welcome to the Symposium.Music.Org ("Symposium") web site. Symposium is provided by The College Music Society ("CMS"), a Montana not-for-profit corporation. These Terms of Service govern your use of Symposium.
By using this site, you agree to be bound by these Terms of Service.
If you do not agree to these Terms of Service, please do not use Symposium.
2. Moderated Content
Comments may be posted on Symposium. CMS reserves the right to monitor comments. CMS does not agree to post all comments and reserves the right to shorten or otherwise edit the comments posted.
3. Changes in the Terms of Service
CMS reserves the right to change these Terms of Service without providing advance notice. Such changes will be immediately reflected in the most current version of the Terms of Service. You agree to review these Terms of Service periodically to be advised of the changes, and by continuing to use Symposium following the changes, you will be deemed to have accepted and agreed to the changes.
4. Ownership and Use of Proprietary Material Contained on Symposium
As a user of this service, you are responsible for abiding by the Copyright Law of the United States. You may make use of material on Symposium only to the extent allowed by principles of fair use.
Symposium is provided for your personal informational and educational use, as well as for the informational and educational use of the general public, and no representation or warranty is given as to its accuracy or completeness. Any redistribution or other use of Symposium, or any portion thereof, by you for any purposes other than those permitted under these Terms of Service, without the express prior written consent of CMS, is strictly prohibited.
Symposium may contain copyright-protected material, trademarks, service marks, logos and other proprietary materials, including, but not limited to, images, software, photographs, artwork, designs, video, audio, and graphic materials (the "Proprietary Material"). CMS is, unless otherwise stated, the owner of all copyright, trademark, patent, database, and other proprietary rights in Symposium.
Without limiting the scope of the foregoing, CMS holds a copyright in Symposium as a collective work or compilation and in the selection, co-ordination and arrangement of the material posted on Symposium (the "Content"). Symposium, the Content, and any Proprietary Material may not, unless expressly permitted by CMS and the holder of the rights to the Proprietary Material, be copied, reproduced, published, republished, sold, licensed, rented, distributed, uploaded, posted, transmitted, performed, displayed, edited, modified, adapted, used in a derivative work, used to create a collection, compilation, database or directory, decompiled, reverse engineered, disassembled, broadcast, circulated or otherwise exploited except for purposes expressly permitted in these Terms of Service.
5. Use of Symposium
Each user's use of Symposium is subject to local, state, national, and international laws and regulations and you shall not intentionally or unintentionally violate any such law or regulation. CMS operates Symposium from its offices in the United States of America and does not represent that any Content on Symposium is appropriate or available for use in other locations. Accessing any Content from locations where such Content is illegal is prohibited.
Persons who choose to access Symposium from other locations do so at their own risk, are fully responsible for compliance with local laws, and acknowledge that CMS has no liability with respect to such use.
6. Third-Party Sites
To the extent that Content or external hyperlinks appears on Symposium, please be advised that CMS does not endorse, verify or take responsibility for the accuracy, currency, completeness, or quality of such Content and will not be liable in any way for any loss or damage which you may suffer from your use of such posted Content or by using such third-party sites. If you decide to access such posted Content or third-party sites, you do so at your own risk.
7. Transmission Policy
CMS shall not be responsible for any loss or damage to any user or holder of the rights to the Proprietary Material resulting from the unauthorized use of any file by any third party and any subsequent reproduction or distribution of the captured transmission by that or any other third party.
If the computer software used by the user permits the user to select a level of access by third parties to a downloadable user file after posting (e.g., read-only, print, manipulate), CMS shall not take any steps to alter that level of access. However, CMS shall not be responsible for any inadvertent alteration due to the technical characteristics of the site, nor for any alteration performed by a third party, whether inadvertent or deliberate, and in no event shall CMS be responsible for any resulting damage or loss from such alteration, however caused.
8. General Disclaimer of Warranties and Limitation of Liability
Symposium and all Content is distributed and transmitted on an "as is" and "as available" basis. Your use of Symposium and all Content is at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that may result from your use of Symposium or any Content. CMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING Symposium.
CMS does not represent or warrant that: (i) Symposium will be uninterrupted or error-free, (ii) defects, if any, will be corrected, (iii) Symposium is free of viruses or other harmful components, or (iv) any Content or other information, products or services will be accurate, reliable, or of a quality or performance that will meet your expectations. No advice or information, whether oral or written, obtained by you from CMS (or its directors, employees, agents, or affiliates) shall create any warranty.
You expressly understand and agree that CMS shall not be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including, but not limited to, damages for lost profits, goodwill, use, data or other intangible losses (even if CMS has been advised of the possibility of such damages), resulting from or in connection with Symposium or any Content made available or listed thereon, whether under a theory of breach of contract, negligence, strict liability, or otherwise.
Some jurisdictions do not allow exclusions or limitation of incidental or consequential damages, so the above exclusion may not apply to you. In the event that the foregoing limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the greater of the amount that we received for the specific transaction that gave rise to any such claim or the amount of $100.
Each user shall indemnify, defend, and hold harmless CMS, its directors, employees, agents, and affiliates from and against any and all damages, liabilities, costs, losses, judgments, and expenses (including attorneys' fees and disbursements) arising out of or in connection with any claim, demand, or action by a third party which is inconsistent with any of the warranties, representations or covenants made by that user herein. CMS reserves the right, at the user's sole expense, to assume the exclusive defense and control of any matter subject to indemnification by the user, in which event the user shall fully cooperate with CMS in asserting any defenses put forth by CMS.
10. Applicable Law
These Terms of Service are governed by and shall be construed in accordance with the internal laws of the State of Montana, United States and any dispute arising under or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts located within the State of Montana, County of Missoula, United States.
11. Notice of Claim of Copyright Infringement
CMS respects the copyright and other intellectual property rights of others, and requires that users do the same. If you believe that a work owned or controlled by you has been used in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent listed below. In order to be effective, the notice you provide must contain all six pieces of information:
- A description of the copyrighted work that you claim has been infringed;
- A description of the allegedly infringing Content and the place where the Content is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized;
- A statement made under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf, and that the above information in your notice is accurate;
- Your physical or electronic signature; and
- Your address, telephone number, and email address.
12. Copyright Agent
Our agent for notice of claims of copyright infringement on Symposium can be reached as follows:
William Pelto, Executive Director Attn: Copyright Agent The College Music Society 312 E. Pine Street Missoula MT 59802
By phone: (406) 721-9616