Chamber Musicians of Northern California
Website Terms of Use
Effective March 11, 2020
This website, www.cmnc.org, is owned and maintained by Chamber Musicians of Northern California (“CMNC”) for the personal use of chamber musicians, including both CMNC Members and non-Member users. By accessing or using the CMNC website, as well as any service provided by CMNC such as the CMNClist, (collectively the “CMNC website”) you agree to comply with and be bound by these Terms of Use and the CMNC Privacy Policy.
1. License. You are hereby granted a personal, revocable, limited, non-exclusive, non-transferable license to access and use the CMNC website conditioned on your continued acceptance of, and compliance with, these Terms of Use. You may use the CMNC website and the CMNC Content (as defined below) for your noncommercial personal use and for no other purpose. You warrant that you will abide by all applicable laws and regulations with respect to your use of the CMNC website and not interfere with the use and enjoyment of the CMNC website by other users or with CMNC's operation and management of the CMNC website.
2. Personal Login Information. Certain features and areas of the CMNC website are available only with registration and login. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it. CMNC is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. Please contact CMNC immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
3. Privacy Policy. For information about CMNC's data protection practices and CMNC's use and protection of your personal information, please read CMNC's Privacy Policy which is incorporated into and made a part of these Terms of Use. You accept that your contact information will be made available to other CMNC members from time to time as described in the Privacy Policy, and agree to occasionally receive e-mail from CMNC and CMNC members. You may change your e-mail preferences at any time by updating your online user profile. When using e-mail addresses found in the CMNC Membership Directory or workshop rosters, you will not “spam” the membership. Your communications using these email address should be non-commercial and relevant to the topic of chamber music. The use of email or postal addresses from the Directory for commercial use is strictly prohibited.
4. Proprietary Rights. The content of the CMNC website includes, without limitation, (i) CMNC's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "CMNC Marks"); and (ii) information, data, materials, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through CMNC website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "CMNC Content"). CMNC Content is the property of CMNC, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any CMNC Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the CMNC or the owner of such content if CMNC is not the owner. Any use of the CMNC Marks without CMNC's express written consent is strictly prohibited. CMNC shall not be obligated to correct or update the CMNC website or the CMNC Content and CMNC shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the CMNC website.
5. Third Party Information. The CMNC website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers or other information made available by third parties such as content providers and other users of the CMNC website are those of the respective third party and not of CMNC or its affiliates. CMNC makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third party materials, information, services or products.
6. Links to Third Party Web sites. The CMNC website may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which CMNC exercises no control. The appearance of any such third party links is not intended to endorse any particular company or product. If you decide to access any of the third party sites linked to the CMNC website, you do so entirely at your own risk.
7. Links to CMNC website and CMNC Content. Links posted by third parties to the CMNC website and/or CMNC Content may not use the CMNC trademark or logo and shall not suggest that CMNC promotes or otherwise endorses any third party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of the CMNC website shall be the responsibility of the linking party. CMNC reserves the right to require any linking party to disable or remove any link that violates CMNC's rights or causes interruption or deterioration of CMNC Content.
8. DIGITAL MILLENNIUM COPYRIGHT ACT. We respect the intellectual property rights of others and request that users of the website respect the intellectual property rights of others as well. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we will remove any content that allegedly infringes another party’s copyright and reserve the right to suspend, terminate, or cancel a User Account or a user’s access to and use of the website if a user is found to be a repeat infringer. If you believe your work has been copied and is accessible through the website in a way that constitutes copyright infringement, you may notify our designated copyright agent (specified below) in writing with the following and in the form required by 17 U.S.C. 512 of the United States Copyright Act:
- provide your physical or electronic signature;
- identify the copyright work that you believe is being infringed;
- identify the item in the website that you think is infringing your work and include sufficient information about where the material is located on the website;
- provide us a way to contact you, such as your address, phone number or email address;
- provide a statement that you believe in good faith that the item you have identified as infringing is not authorized by the copyright owner, or its agent, or the law; and
- provide a statement by you, made under penalty of perjury, that the information you provide in your notice is accurate, and that you are authorized to act on behalf of the copyright owner whose work is being infringed.
Interim Designation of Agent to Receive Notifications of Claimed Infringement, pursuant to 17 U.S.C. 512(c) of the United States Copyright Act:
CMNC
Attn: Copyright
1966 Tice Valley Blvd., #405
Walnut Creek, California 94595-2203
And/or via the CMNC contact form referenced below with the title “Notice of Copyright Infringement”.
9. Indemnity. You agree to indemnify and hold CMNC and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the website, (iv) your use of the website or any services that CMNC may provide via the website, and (v) your conduct in connection with the website or the services or with other users of the website or the services. CMNC reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide CMNC with such cooperation as is reasonably requested by CMNC.
10. Jurisdiction. This Terms of Use agreement shall be governed by and construed in accordance with the laws of the United States of America and State of California, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
11. Amendments. This Terms of Use agreement may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.
12. Contact Us. Should you have other questions or concerns regarding these Terms of Use or the CMNC website, please send us an email via our CMNC contact form or call us at 510-828-4148.