Terms of Service

1. Acceptance of Terms

THESE TERMS AND CONDITIONS OF SERVICE (the "Terms") ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND SAN FRANCISCO SYMPHONY (SFS) governing your use of this site www.keepingscore.org (the "Site").

Please review the Terms fully before you continue to use the Site. By using the Site, you agree to be bound by the Terms. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review our Privacy Policy, which also governs your use of the Site, to understand our practices. If you do not agree, please discontinue using the Site. SFS reserves the right to change the Terms at any time without prior notice. Your continued access or use of the Site after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review the Terms regularly. The Terms were last updated on 19 June 2009.

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the materials contained in the Site, with the quality of service, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.

Registration

In order to utilize certain functionality of the Site, you must complete a registration process. As a registered user of the Site, you agree to (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information being the "Registration Data"), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. Upon completing the registration process, you shall receive confirmation of a password and user name. You are responsible for maintaining the confidentiality of the password and user name, and you are fully responsible for all activities that occur under your password or user name. You agree to (a) immediately notify SFS of any unauthorized use of your password or user name or any other breach of security; (b) exit from your account at the end of each session; and (c) defend, indemnify, and hold harmless SFS from any loss or damage arising from unauthorized use of your password or user name.

By registering, you consent to the collection of your data, including, without limitation, Registration Data, by SFS and processing of such data by SFS in connection with your use of the Site. You consent to the technical processing and transmission involved in your use of the Site, including, without limitation, Registration Data, and you acknowledge that such process may involve (a) transmission of such data over various networks; and (b) modifying such data to conform and adapt to technical requirements of connecting networks or devices.

2. Intellectual Property

The Site is owned by SFS. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images of video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs ("Content") is owned or licensed by SFS.

Pursuant to the copyright and trademark laws of the United States, you agree:

  1. That you may only download Content that SFS designates as offered for download to any single computer a single copy of any Content for personal and noncommercial use.
  2. To not reproduce, distribute, modify, re-post on another site (regardless of the server on which the Content is stored), or sell any Content without specific written authorization from SFS, unless such use is pursuant to Educational Use of Content of this agreement.
  3. To maintain any and all copyright or other proprietary notices embedded in or attached to any Content.
  4. To refrain from framing or mirroring any portion of the Site.
  5. By uploading material, posting comments, or providing other content to the Site ("User Content"), you grant SFS (which includes its subsidiaries, affiliates, joint venturuers, and licensees) the following rights: a royalty-free, worldwide, perpetual license to display, distribute, reproduce, and create derivatives of the User Content, in whole or in part, without further review or participation from you, in any medium now existing or subsequently developed, in editorial, commercial, promotional, and trade uses in connection with SFS products. You also agree that SFS may make User Content available to users of the Site who may display and redistribute it in the same way that SFS makes all other Content available.
  6. A written notification must be made. This can be done either by email to messages@sfsymphony.org or by written letter (regular U.S. mail or courier) to our DMCA Agent at:
    DMCA Agent
    Attn: Director of Marketing, Communications and External Affairs
    San Francisco Symphony
    Davies Symphony Hall
    San Francisco, CA 94102
    Please include the following information in your notice:
  • Identification of the work(s) claimed to have been infringed and a statement of ownership of such work(s);
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (such as by supplying a link to such materials, pointing to a specific web page containing such materials, or supplying the profile name of any user posting any infringing materials);
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
  • Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law";
  • A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Your physical or electronic signature (i.e., "/s/ [print name]"); and (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to "prove" substantive claims.)

Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws. DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.

B. To file a counter-notification.

If your content has been taken down as a result of a notification by a purported copyright owner that such party's copyright rights are infringed by your content, you may respond by sending us a DMCA counter-notification. A written notification must be made. This can be done either by email to messages@sfsymphony.org or by written letter (regular U.S. mail or courier) to our DMCA Agent at:

DMCA Agent Attn: Director of Marketing, Communications and External Affairs San Francisco Symphony Davies Symphony Hall San Francisco, CA 94102

Please include the following information in your counter-notification:

  • List the material that was removed by the SFS administrators, and the location at which the material appeared before it was removed. (Please identify such material in sufficient detail);
  • Provide your name, address, telephone number, and email address (if available);
  • State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or for San Francisco, California if your address is outside of the United States);
  • State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
  • State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
  • Your physical or electronic signature (i.e., "/s/ [print name]").

Prior to filing a notice or counter-notice, SFS suggests that you consult your legal advisor and that you refer directly to the Digital Millennium Copyright Act and all amendments thereto, a copy of which may be located at the United States Copyright Office.

3. Educational Use of Content

With respect to Content designated as available for download for educational purposes, librarians, teachers, support staff, administrators, and other staff of educational institutions are authorized to download, print, reproduce, and distribute such Content as may be beneficial for use in educational settings. This authorization extends only as far as is necessary to directly benefit students. Content subject to this Section may not be disseminated beyond the user's particular educational institution and may under no circumstances be used for commercial purposes.

Content used for any purpose must always maintain unaltered copyright and other proprietary notices. Content may not be re-posted, framed, or mirrored on any other Web sites or computer networks, regardless of educational use.

4. Disclaimers

You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of the Site, you do so at your own risk. SFS does not guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient securely.

YOUR ACCESS TO AND USE OF THE SITE ARE AT YOUR SOLE RISK. YOU ARE ENTIRELY LIABLE FOR YOUR ACTIVITIES. SFS DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR OTHER CHARACTERISTICS OF ANY CONTENT AVAILABLE ON OR THROUGH THE SITE. THE SITE AND THE INFORMATION ON IT ARE PROVIDED "AS IS." SFS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SFS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED BY USE OF, OR RELIANCE ON, OR INABILITY TO USE OR ACCESS THE SITE, OR DELAYS, INACCURACIES, ERRORS, DEFECTS OR OMISSIONS IN THE SITE, REGARDLESS OF THE CLAIM OR AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF SFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

SFS SHALL NOT BE LIABLE UNDER ANY LEGAL THEORY FOR ANY DAMAGES SUFFERED IN CONNECTION WITH USE OF THE SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOST SAVINGS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM IMPAIRED OR LOST DATA, SOFTWARE OR COMPUTER FAILURE OR ANY OTHER CAUSE, BY YOU OR ANY OTHER THIRD PARTY, EVEN IF SFS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU HEREBY EXPRESSLY RELEASE SFS FROM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, TO YOU OR ANY THIRD PARTY AS A RESULT OF THIS WEB SITE AND ITS CONTENT INCLUDING ANYTHING DOWNLOADED OR ACCESSED. SFS DOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE FOR ACCESS ALL THE TIME OR AT ANY TIME ON A CONTINUOUS, UNINTERRUPTED BASIS, AND IS NOT RESPONSIBLE FOR ANY INCONVENIENCE OR OTHER LOSS THAT YOU MAY SUFFER AS A RESULT. SFS IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, HARDWARE, SOFTWARE, OR OTHER PROPERTY RESULTING IN ANY WAY FROM YOUR USE OF THE SITE.

Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content (including but not limited to user e-mails, discussion groups, chat rooms, blogs, picture and video posting forums etc.) merchandise, and services available through this site.

5. Liability

SFS does not warrant that use of the materials displayed on the Site will not infringe the rights of third parties not owned by or affiliated with SFS. For example, some materials may be under copyright by the artist or the artist’s heirs holding rights to these materials. Such materials may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying copyright.

You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit the Site or its content. Copying or redistribution in any manner for commercial use, including commercial publication, or for personal gain is strictly prohibited. Notwithstanding the above, specific portions of the Site may permit the limited creation of derivative works by registered users. For example, a SFS blog may allow you to take content posted by other users, add to it, and then re-post the modified content. You hereby consent to the use of any content posted by you, by SFS, or by other users to create derivative works. By posting content, you also represent and warrant that you own or otherwise control all of the rights to the content that you posted and that you acquired such content through lawful means consistent with any policies set forth by SFS in these terms and conditions or otherwise.

The display of any trade names, trademarks, service marks, logos, or domain names on the Site does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos, or domain names. Any unauthorized downloading, re-transmission, or other copying, modification, or use of trade names, trademarks, service marks, logos, or domain names may be a violation of trademark and copyright laws and could subject you to legal action.

By posting content or submitting material to the Site, you grant SFS a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable (through multiple tiers), non-exclusive right in your copyright, trademark, publicity and database rights and a license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereinafter devised. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content does not violate this policy or any other policy set forth by SFS and will not cause injury to any person or entity; and that you will defend, indemnify and hold SFS and its employees, agents, officers, directors, agents, contractors, suppliers, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) resulting from content you supply. You also permit any registered use to access, display, view, store and reproduce such content or material for personal use. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on the Site retains any and all rights that may exist in such content. This information will only be used in accordance with the SFS’s privacy policy.

SFS has the right but not the obligation to monitor and edit or remove any activity or content. SFS takes no responsibility and assumes no liability for any content posted by you or any third party.

6. User Conduct

SFS wants to encourage an open exchange of information and ideas on the Site. You can expect the Site to include information and opinions from a variety of individuals and organizations other than SFS. SFS neither endorses nor guarantees the accuracy of any User Content. SFS does not preview, censor, approve, edit, or endorse User Content and cannot guarantee that inappropriate material will not be posted. SFS may review User Content from time to time and may take steps to remove inappropriate User Content that comes to its attention; however, it engages in no routine monitoring of the Site. There is no substitute for healthy skepticism and your own good judgment.

You agree to assume full and sole responsibility for any User Content you post to the Site, and you agree to:

  1. Post User Content that is relevant to and appropriate for the specific topic and designed to help people share information and supports Keeping Score’s mission of making classical music accessible to all people, everywhere.
  2. Represent that you are the owner of the User Content, or are making your submission with express consent of the owner, that you have obtained all third party releases and permissions necessary for SFS's use, in accordance with the license you grant in paragraph 5 of Intellectual Property Issues above, of any User Content that you post, and nothing you post will infringe on the rights of others;
  3. Neither post nor transmit any unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive User Content, or User Content that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or any other User Content that infringes on the ability of others to enjoy the Site, or is otherwise inappropriate;
  4. Refrain from posting any personal information of your own such as your email address, phone number, address, etc., and refrain from soliciting personal information from any user.
  5. Neither post nor transmit through the Site any User Content that constitutes advertising or solicitation with respect to any product or service;
  6. Not post anonymously or impersonate any other person; and
  7. (a) Make no use that would interfere with or disrupt the Site or servers or networks connected to the Site, (b) make no User Content available (whether through upload, post, email, transmit, or otherwise) that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, and (c) neither circumvent nor disable any security or data-protection measures implemented by SFS.
    CAUTION: ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE THE SITE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SFS RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

7. Indemnification

You agree to defend, indemnify, and hold SFS and its employees, agents, officers, directors, agents, contractors, suppliers, constituents and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) in connection with or arising from your use of the Site. SFS may participate in the defense of any claim or action at your expense and any negotiations for settlement. SFS reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder.

6. Interpretation

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and other provisions shall remain enforceable and in full effect. No failure or delay in enforcing any term, exercising any option or requiring performance shall be a waiver of that or any other right.

7. Links on The Site to Third Party Sites

The Site may contain hyperlinks to web sites operated by persons or entities other than SFS. Such hyperlinks to other web sites, whether to a home page or some other page on a web site, are provided for your reference and convenience only. You agree not to hold SFS responsible for the content or operation of such web sites. A hyperlink from the Site to another web site does not imply or mean that SFS endorses the content on that web site or the operator or operations of that site. The goods and services available through such hyperlinks are offered by independent companies, which are not affiliated in any way with SFS. SFS makes no representations as to the quality, fitness, workmanship, value, appropriateness or reliability of the merchandise available or the solvency or financial viability of any advertiser. SFS will not reimburse or indemnify you for any losses you may incur as a result of transactions with any SFS advertiser or any other web site or service linked from or to the Site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from the Site.

8. Links to The Site on Third Party Sites

Web sites operated by persons or entities other than SFS may contain hyperlinks to the Site. You agree not to hold SFS responsible for the content or operation of such third party web sites. Neither SFS nor its affiliates makes any representations or gives any warranties with respect to any information contained in or at these other sites and neither SFS nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither SFS nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site. A hyperlink to the Site on another web site does not imply or mean that SFS endorses either the content of the web site containing the hyperlink to the Site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites that might link to the Site.

9. Communications

You agree that you will not upload to, distribute, or otherwise publish on or through the Site any slanderous, obscene, libelous, defamatory or unlawful material. You are solely responsible for any content you post to this web site and represent and warrant that your activity on the web site shall not (a) be in furtherance of unlawful, criminal, or fraudulent in nature; (b) infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance, or regulation (including without limitation those governing import/export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (d) contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information; (e) constitute any form of advertising or solicitation (including without limitation charitable solicitations, “chain letters,” or “pyramid schemes”); (f) contain personal or identifying information of another person without that person’s explicit consent; (g) contain unreasonable large amounts of data; (h) shall not constitute any form of spamming; (i) be obscene, pornographic, objectionable, vulgar, defamatory, libelous, hateful, tortuous, abusive, harassing, threatening or unlawful, as determined in the sole discretion of SFS; (j) harm minors in any way; (k) interfere with another user’s access to and enjoyment of the content of the web site; (l) manipulate headers or other information in an attempt to disguise the origin of any content provided by you; (m) attempt to gain unauthorized access to the web site, other user accounts, passwords or credit card information of others; and (n) attempt to “harvest” or collect e-mail addresses of users or that might be listed on the web site.

You expressly acknowledge and agree that the Site is a public service, and that once you submit content for inclusion into the Site, it will be accessible by others, and that there is no confidentiality or privacy with respect to such content, including any personally identifying information that you may make available online.

The right to use all interactive portions of the Site is personal to you and is not transferable to any other person or entity. You are responsible for all use of your account(s) (under any screen name or password) and for ensuring that all use of such account complies fully with the provisions of this Agreement. You are responsible for protecting the confidentiality of your password(s), if any. Impersonation of any other person, or falsely stating or otherwise misrepresenting your age, gender, or affiliation with a person or entity is strictly prohibited on the Site, as is stalking or otherwise harassing anyone via any SFS interactive service.

You must be thirteen (13) years of age or over to register an account with the Site. If you are under thirteen (13) years of age, you should not provide any personally identifiable information (for example, your last name, home address or email address) on the Site without the knowledge and permission of your parent or guardian. SFS does not knowingly collect personally identifiable information from children under thirteen (13) years of age.

10. Advertising Rights

SFS reserves and has the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with any content submitted by you for inclusion into the Site, and SFS will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these Terms obligates or may be deemed to obligate SFS to sell, license or offer to sell or license any advertising, promotion or distribution rights.

11. Contests

From time to time, SFS may sponsor contests and sweepstakes on the Site. Participation in such contests is entirely voluntary. SFS does not condition access to any goods or services it offers on participation in any contest. If you elect to enter any such contest, your participation shall be governed exclusively by the contest rules available through the entry forms or in these Terms You agree to strictly abide by any and all contest rules. Any personally identifiable information you provide in conjunction with any contest shall become the property of SFS and you hereby consent to receive special promotions and offers from SFS and its advertisers, consistent with our Privacy Policy. In the event that you are awarded any prizes or other consideration, you give SFS permission to use your name, likeness, portrait, recorded voice, and biographical information to advertise, publicize, or promote SFS, its products and services, and no additional consideration shall be paid for such rights.

12. Monitoring and Termination

SFS has the right, but not the obligation, to monitor the content of all interactive portions of the Site, including any blogs, forums or other interactive social networks, to determine compliance with this Agreement and compliance with any other rules established by SFS, and to satisfy any law, regulation, or authorized government request. SFS has the right in its sole discretion to edit, refuse to post or remove any materials submitted to or posted on the Site. Without limiting the foregoing, SFS has the right to remove any material that SFS, in its sole discretion, finds to be in violation of the provisions hereof or finds otherwise objectionable.

SFS reserves the right, in its sole discretion, to terminate your account for any reason, at any time. SFS has the right to immediately terminate your account in the event of any conduct by you which SFS, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms. All provisions of these Terms not specifically pertaining to a user with a SFS account shall survive termination of the account. SFS also has the right to discontinue any portion of the Site, including, without limitation, any blog, picture or video posting forum, social network, web page, or SFS service, at any time and for any reason.

13. International Visitors

SFS makes no representation that materials on the Site are appropriate or available for use in locations outside the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

14. Choice Of Law And Forum

These Terms shall be governed by and construed in accordance with the laws of the United States of America and the State of California, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of this Site shall be in the state or federal courts located in the County of San Francisco in the City of San Francisco, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

© 2009 San Francisco Symphony

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