1.1 This Agreement governs your use of this web site and its associated services (the “www.marsalismusic.com website”), including interactive chat and forum discussion areas (the “Interactive Areas”), which are owned and operated by Marsalis Music, LLC and its subsidiaries, affiliates, divisions and related companies (“Marsalis Music”).
1.2 Marsalis Music reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the www.marsalismusic.com website. Your use of the www.marsalismusic.com website constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Marsalis Music as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease use of the www.marsalismusic.com website and the Interactive Areas.
2. Use of Content.
2.1 You acknowledge that the www.marsalismusic.com website contains information, software, photographs, audio and video clips, graphics, links and other material that are protected by copyright, trademark or other proprietary rights of Marsalis Music or third parties, including but not limited to product names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the “Content”). You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the www.marsalismusic.com website. Users of the www.marsalismusic.com website may use the Content only for their personal, noncommercial use. Users of the www.marsalismusic.com website wanting to use the content for commercial use must obtain prior express written permission of Marsalis Music.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse-engineered unless specifically authorized by the owner of the software’s patent and or copyright. Subject to the provisions of this Agreement, you may post on the www.marsalismusic.com website any content owned by you (such as your original statements), content for which you have received express permission from the owner, and content in the public domain. You assume all right and responsibility for determining whether any content is in the public domain. You grant to Marsalis Music the right to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the www.marsalismusic.com website without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence.
2.3 You may not download content on this web site that is indicated to be for sale except under the terms of the sale. Such content is the protected and copyrightable property of Marsalis Music. “Free” content may be downloaded for your personal use or noncommercial distribution consistent with the terms defined in this Agreement. When using both purchased and “free” content, you will maintain and include all copyright and other notices contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any content is permitted without the express permission of Marsalis Music or the owners of such content or their authorized persons if other than Marsalis Music.
3. Rules of Conduct. You shall not post on the www.marsalismusic.com website any content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the www.marsalismusic.com
website any links to any external Internet sites that are obscene or pornographic. You shall not use the www.marsalismusic.com website for any commercial purpose not expressly approved by Marsalis Music, nor shall you distribute any advertising or solicitation of funds or goods and services or solicit users to join competitive online services.
4. Managing Content. Marsalis Music does not and cannot review the content posted by users on the www.marsalismusic.com website and is not responsible for such content. However, Marsalis Music reserves the right to delete, move or edit any content (including content posted in any Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable. You shall remain solely responsible for all content posted by you. Marsalis Music shall have the right but not the obligation, to correct any errors or omissions in any content, as it may determine in its sole discretion.
5. No Endorsement.
5.1 Marsalis Music does not represent or endorse the accuracy or reliability of any content posted on any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of Marsalis Music or its advertisers or sponsors.
5.2 The www.marsalismusic.com website may contain links to sites on the Internet, which are owned and operated by third parties (the “External Sites”). You acknowledge that Marsalis Music is not responsible for the availability of, or the content located on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
6. Indemnity. You agree to indemnify, defend and hold Marsalis Music and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Marsalis Music Parties”) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys’ fees) incurred by any Marsalis Music Parties in connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you. Marsalis Music reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Marsalis Music’s defense of such claim.
7. Termination of Service. Marsalis Music reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the www.marsalismusic.com website, including the Interactive Areas, at any time for any reason without prior notice or liability. Marsalis Music may change, suspend or discontinue all or any aspect of the www.marsalismusic.com website at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER MARSALIS MUSIC NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE www.marsalismusic.com WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES MARSALIS MUSIC, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE www.marsalismusic.com WEBSITE OR THE CONTENT. THE www.marsalismusic.com WEBSITE AND THE CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER MARSALIS MUSIC, THIRD PARTY CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE www.marsalismusic.com WEBSITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE www.marsalismusic.com WEBSITE. NEITHER MARSALIS MUSIC NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE www.marsalismusic.com
WEBSITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
8.2. NEITHER MARSALIS MUSIC NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF MARSALIS MUSIC, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
9. MISCELLANEOUS. This Agreement shall be construed in accordance with the laws of the State of Massachusetts, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Middlesex County in the State of Massachusetts. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All provisions hereof shall survive any termination of this Agreement as well as any other revisions which by their terms or sense are intended to survive.
PLEASE READ THIS AGREEMENT IN FULL BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE MEANS THAT YOU ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT AS SET FORTH BELOW AND THAT YOU ARE BOUND TO ANY AND ALL SUCH TERMS. IF YOU DO NOT WISH TO BE BOUND BY SUCH TERMS AND CONDITIONS, LEAVE THE WEB SITE IMMEDIATELY WITHOUT USING OR DOWNLOADING ANY OF THE MATERIALS THEREIN.
OWNERSHIP OF WEB SITE; LINKS TO OTHER SITES:
This Web site is owned and operated by Marsalis Music. This Web site may provide links to Web sites operated by entities other than Marsalis Music. Marsalis Music makes no warranty or representation of any kind regarding any such Web sites and does not claim any affiliation or association with any such site. Any such sites are to be used by you at your own risk.
All materials on, distributed through, or accessible by, the Marsalis Music Web site are provided ‘AS IS”, WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT AND NON-INFRINGEMENT. PSI SHALL NOT BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THE TERMS OF THIS AGREEMENT OR OTHERWISE, EVEN IF PSI WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT.
Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to you. In such jurisdictions, Marsalis Music’s liability is limited to the greatest extent permitted by law.
MARSALIS MUSIC DOES NOT WARRANTY THE COMPLETENESS OR ACCURACY OF THE MATERIALS, INFORMATION OR DOCUMENTS ON THE WEB SITE, AND YOUR RELIANCE ON ANY SUCH MATERIALS, INFORMATION OR DOCUMENTS IS AT YOUR OWN RISK.
CHOICE OF LAW:
This Agreement shall be construed and controlled by the law of the Commonwealth of Massachusetts.
Marsalis Music reserves the right to change the terms and conditions herein at any time and without notice. Any such changes will become effective immediately upon posting of the same on the Web site. You shall be bound by any such changes, and you should, therefore, read the legal conditions each time you access the Web site.