This agreement is between you and the Great American Songbook Foundation (hereafter referred to as the “Foundation”, “we” or “our”) concerning your use of and any access to the Foundation’s Website, being the defined as the entity currently located at https://www.TheSongbook.org, and any successor website(s).
Any use of this Website is governed by these Terms regardless of how you access the Website. This could include a computer, mobile device, television or tablet as well as other devices, platforms or hardware. These Terms hereby incorporate by this reference any additional Terms posted by the Foundation through the Website or otherwise made available to you by the Foundation. Solely for so long as the Foundation permits you to use this Website, you may view one (1) copy of any portion of the Website to which we provide you access under these Terms, on any single device, exclusively for your personal, non-commercial, educational use.
By accessing or using the Website you agree to be bound by these Terms and that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. If you disagree with any part of these Terms then you may not access the Website.
This agreement contains a mandatory arbitration provision, as further set forth below, which requires the use of arbitration on an individual basis to resolve disputes rather than jury trials or any other court proceedings or class actions of any kind.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes.
Following any changes, your continued use of the Website following such changes to these Terms will constitute your acceptance of the changes as stated. You are encouraged to regularly return to and review these Terms. You can find the date of the most recent changes to the Terms at the bottom where it says “Last Updated” followed by the date of said update.
The Foundation controls and operates our Website in the United States and is not intended to subject the Foundation to any non-U.S. jurisdiction or law. There are some jurisdictions in which the Website may not be appropriate or available for use. Any use of the Website is at your own risk. All applicable laws, rules and regulations must be followed in your use of the Website. We may limit the Website’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction of our choice.
Your Information as Shared
Content and Rules of Conduct
Our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos or other material (hereafter, “Content”). With regards to the Website, you must NOT engage in any of the following activities.
- Post, transmit or otherwise disseminate through or in connection with the Website any Content or information that is or may be: (a) threatening, abusive, harassing, hateful, degrading, intimidating or otherwise fail to respect the rights and dignity of others; (b) defamatory, fraudulent, libelous, or otherwise tortious; (c) pornographic, obscene, indecent or otherwise objectionable; or (d) protected by copyright, trade secret, trademark, right of publicity or privacy or any other proprietary right without express written consent of the applicable owner in advance of its use.
- Use the Website for any commercial purpose without the Foundation’s explicit consent or any otherwise fraudulent, unlawful or tortious purposes with or without the Foundation’s consent including the dissemination of any virus, Trojan horse, Easter egg, worm, spyware or any other computer code, program or file that is or is potentially harmful, invasive, intended to damage, hijack the operations of or monitors the use of any hardware, software or equipment (each hereby called, a “Virus”) or use of a Virus to harvest or collect information about users of the Website.
- Reverse engineer, disassemble, decompile, frame, mirror or otherwise incorporate any portion of the Website into any product or service without the express prior written consent of the Foundation. As stated here, this will also include the systematic downloading and storing of Website content and/or the use of any such robot, spider, retrieval application or manual or automatic device to retrieve, “scrape”, “data mine”, index or otherwise gather and document Website content or to reproduce or circumvent the navigational structure or presentation of the Website without the Foundation’s express prior written consent.
- Inhibit or otherwise restrict any other person or user from accessing the Website by such methods including, but not limited to, interfering with or disrupting the operation of the Website, servers or networks used to make the Website, including by hacking or defacing any portion of the Website or by violating any requirement, policy or procedure of such servers or networks.
- Reproduce, modify, copy, translate, adapt, sell, rent, loan, timeshare, lease, create derivative works of, perform, upload, publish, post, distribute or otherwise exploit any portion or use of the Website except as expressly authorized herein without the Foundation’s express prior written consent. This includes the removal of any copyright, trademark or other proprietary rights notice from the Website.
Offerings, Purchases and Transactions
At varied times, the Website will make available in its listings or on its pages descriptions of goods, services, related discounts, parking vouchers, coupons, merchandise and memberships any of which can also include tickets to events presented on the Foundation’s campus (collectively, “Offerings”) as well as additional external Offerings in the form of advertisements, sponsor logos and/or website links. Such Offerings may be made available by the Foundation, or they made available by partner or other outside organizations or entities other than the Foundation (hereafter, a “Third Party”), and may be made available for purchase as well as for general information purposes.
The availability through the Website of any such description, listing or image of an Offering does not directly or indirectly imply our endorsement of said Offering or affiliation with the provider of said Offering. Any and all such Offerings are subject to change at any time without notice, and these changes in information and availability of any Offering, including, but not limited to, the completeness, accuracy, reliability, validity of any coupon or discount or timeliness of such listings, descriptions or images (including any specifications, features or prices contained therein) are covered by these Terms.
The ability and availability for certain of these Offerings to be purchased or otherwise obtained through the Website is made to users of the Website (hereby called a “Transaction”). In order to make a Transaction, certain relevant information, such as credit card number and expiration date, billing address and shipping information is required to be supplied by you. By submitting such information, you grant to us the right to provide such information to Third Parties for purposes of facilitating this Transaction.
In doing so, you represent and warrant that you have the right to use any credit card information that you submit in connection with a Transaction. Failure to obtain the right to use credit card information that you have submitted for a Transaction, regardless of whether or not that Transaction is completed, is prosecutable by law, and we reserve the right to do so either directly or indirectly by informing the proper authorities. By completing a Transaction, you agree that the Offering involved will be used only in a lawful manner, and it is the responsibility of you, the purchaser, to ascertain and obey all applicable local, state, federal and foreign laws (including any age requirements) regarding the purchase, use or possession of said Offering.
The Foundation reserves the right to limit the available quantity of or discontinue the availability of any Offering, including without prior notice. We also reserve the right to impose conditions on the honoring of any discount, coupon or similar promotion. The Foundation reserves, at its own discretion, the right to prohibit any user from making any Transaction and to refuse to provide any user with any Offering. In the case of the Songbook Academy®, this may also be due to age and/or educational status as these restrictions are clearly defined as part of the program admissions process. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect at the time of the Transaction when such charges are incurred, including all shipping and handling charges. In the case of out of state (with “in state” Transactions being defined as within the state of Indiana) or otherwise applicable purchases, you are responsible for any taxes applicable to your Transactions not stated directly in the purchase path at the time of the Transaction.
Shipping information will be supplied by you at the time of the Transaction, and Offerings transacted will be shipped as per the supplied information so long as the address is complete and complies with any shipping restrictions listed on the Website. The Terms here as stated maintain that all Transactions are made pursuant to a shipment contract and, resultantly, any risk of loss and title for Offerings pass to you upon the delivery of the Offerings to the carrier. You are thus responsible for filing any claims with carriers for damaged and/or lost shipments. Refunds and exchanges will be subject to the Foundation’s refund and exchange policies as applicable. Times, artists and performers are subject to change without prior notice. This includes the individuals present in any cast and/or ensemble composition of any theatrical or ensemble performance as being subject to change; there are no refunds in such situations and exchange restrictions may also apply.
Registration, User Names, Passwords, Profiles and Forums
You may need to register in order to use part or all of the Website. At our own discretion, we may elect to reject or require that you change any user name, password or other information which you provide to us in the registration process. Any user name and password (hereafter, “Login Information”) created are for personal use by you only and should be kept in the strictest confidence; you alone, and not the Foundation, are responsible for any use or misuse of your Login Information. Any breach of confidentiality or unauthorized use of your Login Information or Website account should be documented and the Foundation must be promptly notified by e-mailing us at Info@TheSongbook.org or by calling us at 317.844.5832. While the Foundation is not liable for your losses caused by any unauthorized use, you may be additionally liable for the losses of the Foundation or other Website users due to such unauthorized use.
Website users may choose to make available certain Content (as described above) through or in connection with the Website, including profile information or on interactive pages within the Website, such as the blog, forums, message boards, chatting and commenting or other messaging functionality or through connection with a Third Party website or application including social media applications such as Twitter, Facebook or Instagram. The Foundation has no control over and is not responsible for any use or misuse by any Third Party Content, including any distribution. If you choose to make any of your personally identifiable or other private information publicly available through the Website, you do so at your own risk. The Foundation is not responsible for the security of any Content shared by you, regardless of whether or not that sharing was done via an authorized or unauthorized Login. Be certain that you are securely protecting your own Login Information as well as any other personal information.
For the sake of clarity, ownership of all published Content is retained by you, however the following applies. For all submitted Content, you hereby grant to the Foundation a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, transferrable and fully sub licensable (through multiple tiers) license, without additional consideration to your or any Third Party to reproduce, distribute, publish (including through RSS feeds), perform and display (publicly or otherwise), transmit, excerpt, create derivative works of, adapt (including the right to adapt to broadcast, streaming, mobile, digital, thumbnail, downloading, scanning or other technologies), modify, host, index, cache, tag, encode and otherwise use, analyze and exploit such Content, in any format or media now known or hereafter developed, and for any purpose (including online and offline promotional purposes, such as testimonials).
Additionally, if in the process of submitting Content to the Website in any form (as stated above) you provide to us any suggestions, ideas, proposals or other materials (hereafter, “Feedback”), whether it relates to the Website, our normal operations or otherwise, this Feedback is still considered to have the same properties as other Content. In addition, you hereby agree and acknowledge that such Feedback is not confidential, and that your dissemination of such Feedback is unsolicited, gratuitous, without restriction, and does not place the Foundation under any fiduciary, legal or other obligation.
You are solely responsible for the substance of your Content. You represent and warrant that you have all rights necessary to grant the licenses granted in this Section of the Terms, and that your Content, and your provision thereof through and in connection with the Website, are accurate and complete, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any Third Party. Furthermore, you irrevocably waive any “moral rights” or other rights claimed with respect to the attribution of authorship or integrity of materials regarding all Content that you may have under any applicable law under any legal theory.
Links To and From Other Websites
Our Website contains links to Third Party (as defined above) websites or services that are not owned or controlled by the Foundation. The Foundation has no control over, does not endorse, and assumes no responsibility for the content, privacy policies, or practices of any Third Party websites or services. You further acknowledge and agree that the Foundation shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
There also exist links to the Foundation’s Website from Third Party websites. You acknowledge and agree not to hold the Foundation liable for the content or operation of such Third Party websites. A hyperlink on a Third Party website does not by itself imply or mean, directly or indirectly, that the Foundation endorses either the content of the website containing the hyperlink, the operator of the website or the operations of the website. The risk and responsibility of deciding the extent to which you may use any content at any other website which link to our website resides with you and the policies of the Third Party websites themselves.
The Foundation’s Proprietary Rights
We and/or our licensors and suppliers own the Website and provision that all graphics, music, video, text, data, images, software, design and other materials appearing on the Website not submitted through the specific locations defined for the submission of Content (hereafter, “Subject Matter”), are owned and proprietary to the Foundation and/or our licensors and suppliers.
Our trademarks, trade names and service marks include “The Great American Songbook Foundation”, “GASF”, “Songbook Foundation”, “American Songbook Foundation”, “Songbook Academy®”, “American Songbook Academy”, “Perfect Harmony”, “Great American Songbook Hall of Fame”, “Songbook Hall of Fame”, “Songbook Hall of Fame”, “Songbook Archives”, “Songbook Library & Archives”, “Songbook Exhibit Gallery”, “Songbook Gallery”, and any associated logos. All trademarks, trade names and service marks used on the Website not owned by us are the property of their respective owners. You may not use our trademarks, trade names, service marks or logos with any product, service or experience that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Website should be taken as the granting of rights for any trademarks, trade names, service marks or logos that appear on the website have been granted to you with any rights for use. Express prior written consent must be gained from the Foundation for use, and you acknowledge herein that any use or reproduction of any trademarks, trade names, service marks or logos other than that defined in these Terms will result in irreparable damage, and you thus consent to injunctive relief being brought against such use.
Disclaimer of Warranties and Limitation of Liability
To the fullest extent permitted under applicable law: (a) the Website and any related Subject Matter, promotions, Offerings, services, Third Party materials and any other materials are made available to you on a “Where Is”, “As Is” and “Where Available” basis without any warranties of any kind, whether implied, express or statutory; and (b) the Foundation disclaims all warranties with respect to the Website and any Offerings, Subject Matter or Third Party materials. All disclaimers of any kind (both included in this section and elsewhere in these Terms) are made for the benefit of the Foundation, its employees, directors, officers, affiliates, agents, representatives, licensors, service providers and suppliers and their respective successors and assigns.
While we do our utmost to ensure the most up to date, correct and timely information on and the security and integrity of our Website, we do not guarantee or warrant that the Website will remain complete, updated, correct or secure, or that there will be uninterrupted access to the Website. The Website might contain errors or inaccuracies, including such as might conflict with these Terms as stated. Additionally, Third Parties may make unauthorized alterations to the Website. If you become aware of such an alteration, contact us at Info@TheSongbook.org or by phone at 317.844.5832 with a description of the alteration and its location on the Website.
To the fullest extent permitted under applicable law: (a) the Foundation will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use or data, business interruption, loss of other intangibles, loss of security of Content (including the unauthorized interception by any third parties of any Content), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, the Foundation will not be liable for damages of any kind resulting from any virus that may be transmitted in connection therewith or any damage resulting to your computer system, tablet, television or mobile device from any downloads or use of the Website; (c) your sole remedy for dissatisfaction with the Website or any Content, Offerings, Third Party information, services or other materials is to stop using the Website; and (d) the maximum aggregate liability of the Foundation for all damages, losses and causes of action shall be the greater of (I) the total amount, if any, paid out by you to the Foundation solely for the purpose of using the Website, and (II) twenty dollars ($20). All limitations of liability of any kind (both included in this section and elsewhere in these Terms) are made for the benefit of the Foundation, its employees, directors, officers, affiliates, agents, representatives, licensors, service providers and suppliers and their respective successors and assigns.
Indemnity and Termination
To the fullest extent permitted under applicable law, you agree to indemnify and hold harmless the Foundation, and its respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, deficiencies, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with the Website (including all Content, Offerings and Subject Matter); and (b) any violation or alleged violation of these Terms or the law of any jurisdiction by you.
These Terms are effective until they are changed (see Changes, above) or terminated. We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law and Arbitration
These Terms are governed by the laws of the United States of America (U.S.A.), including federal arbitration law, and the state of Indiana, U.S.A., without regard to its principles of conflicts of law, and regardless of your location.
Except for disputes that qualify for small claims court, all disputes arising out of or relating to these Terms or any aspect of the relationship between you and the Foundation, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, and you agree that the Foundation and you are each waiving the right to trial by a jury of your peers. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
Any arbitrations will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by these Terms. The Arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by the Foundation that an in-person hearing is appropriate. Any in-person hearing will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or the arbitrator. The Arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court in Indiana having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against the Foundation for you.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” in these Terms shall be construed as if followed by the phrase “without limitation”.
Notices to you, including any notices regarding any changes to these Terms, may be made via posting to the Website or by e-mail, or by regular mail. Without limitation, an unaltered printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Foundation will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
The Great American Songbook Foundation
Attn: Renée La Schiazza
1 Carter Green
Carmel, IN 46032
Last updated on August 23, 2019.