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iCadenza Terms and Conditions
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Welcome to iCadenza.com (“iCadenza” or “The Site”), owned, produced and operated by iCadenza, LLC (“iCadenza” or “We” or “Us”). iCadenza.com is social network for performing artists and people interested in the performing arts. Unless explicitly stated otherwise, any current, updated and new products and services (“Products and Services”), including the addition of new properties shall be subject to these General Terms and Conditions of Use (“Terms and Conditions”).
In addition, there may be a variety of special products and services offered through iCadenza that have separate registration procedures and separate terms and conditions, terms of service, user agreements, or similar legal agreements. When you are using any service or product on iCadenza that does not have a separate legal agreement, the Terms and Conditions set forth here will apply. We may supplement the Terms and Conditions with posted guidelines or rules applicable to specific areas of iCadenza. In addition, We may offer other services from time to time that are governed by the terms of service of the respective service partners. We reserve the right to amend these Terms and Conditions at any time. Please check back and read these Terms and Conditions periodically.
By using iCadenza you agree to be bound by these Terms and Conditions. Because the Terms and Conditions contain legal obligations, please read them carefully.
The Terms and Conditions contain a variety of provisions that are generally applicable to the Products and Services and some provisions that apply to particular Products and Services. You should understand that you will be bound by the entire Terms and Conditions.
ACCEPTANCE
By using the Products and Services, you are agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to iCadenza or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You are authorized to use the Products and Services for personal use only. You acknowledge and agree that We may terminate your access to the Site or to any of the Products and Services should you fail to comply with the Terms and Conditions or any other guidelines and rules published by Us. Any such termination shall be in Our sole discretion and may occur without prior notice, or any notice. We further reserve the right to terminate any user’s access to The Site or to any of the Products and Services for any conduct that We, in our sole discretion, believe is or may be directly or indirectly harmful to other users, Us or our subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, provincial, federal, or foreign laws or regulations. We further reserve the right to terminate any user’s access to iCadenza or to any of the Products and Services for any reason or for no reason at all, in Our sole discretion, without prior notice, or any notice.
In order to use the Products and Services, users must have access to the World Wide Web and must navigate the Internet to http://iCadenza.com. Individuals who are less than 14 years of age or are not permitted to join the Site as members. If We learn that anyone under the age of 14 has joined the Site as a Member, We will terminate access to iCadenza.
REGISTRATION AND PRIVACY
Posting a Profile will and certain other Products and Services may require the user to register and provide certain data. In consideration of use of such Profiles, Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various iCadenza registration forms (“Registration Data”) and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if We have a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, We have the right to suspend or terminate your account and refuse any and all current or future use of the Profiles, Products and Services.
All iCadenza, LLC registrations become the exclusive property of iCadenza, LLC reserves the right to use and reuse all registration and other personally identifiable user information subject to Our Privacy Policy. Users may edit, update, alter or obscure their personally identifiable information at any time by following the instructions located in Our Privacy Policy.
You acknowledge receipt of iCadenza, LLC’s Privacy Policy.
USER CONDUCT
You acknowledge and agree that all information, code, data, text, software, photographs, pictures, graphics, video, chat, messages, files, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Content You transmit is called Your Content; Your Content and Content other members transmit is collectively called User Content; Content any third party transmits is called Third Party Content and Content we create and the code and software used to display it, is called iCadenza Content or Our Content.
You are responsible for Your Content. We do not control User Content or Third Party Content posted via the Products and Services, and, as such, We do not guarantee the accuracy, integrity or quality of User or Third Party Content. You agree to use iCadenza at your sole risk. Under no circumstances will iCadenza, LLC be liable in any way for any User or Third Party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the Products and Services. As a general matter, We have no obligation to pre-screen User or Third Party Content posted on iCadenza, although We reserve the right to do so. We do not guarantee that any screening will be done to your satisfaction or that any screening will be done at all. We reserve the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by Us.
The Products and Services may only be used for the intended purpose for which such Products and Services are being made available.
PROHIBITED CONDUCT
Your conduct should be guided by common sense and basic etiquette. Without limiting the generality of forgoing, you acknowledge that We expressly prohibit and you agree that you will not:
• Remove any copyright, trademark, service mark or any other proprietary rights notification contained in any materials that you access or copy via the Site or the Services or use the Services and/or the Site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property right of others, or violate the privacy or publicity rights of any other person.
• Intentionally expose the Site to any computer virus or any other program or code intended to disrupt or disable the operations of the Site; use any robot, spider or other program or device to retrieve or index any portion of the Site; harvest or otherwise collect information about other users for any purpose other that use of the Services as expressly permitted herein.
- Misrepresent yourself or represent yourself.
- Harass, threaten, embarrass, or do anything else to another user of the Services that is unwanted.
- Provide or post any data or information that is false, inaccurate, abusive, defamatory, discriminatory, hateful, obscene, threatening, inappropriate or otherwise objectionable.
- Impersonate or represent iCadenza staff or other industry professionals.
- Distribute, sell, transfer or post your password or email address to permit anyone other than yourself to access our Website from your account.
- Solicit another user’s password or other account information.
- Discuss or incite illegal activity.
- Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated) if you are given the ability to post to the Site.
The foregoing list of prohibitions is illustrative and is not intended to be complete or exclusive. iCadenza reserves the right to terminate these Terms of Use and prohibit your access to the Site or the Services for any action that We, in Our sole judgment, determine to be inappropriate or disruptive to the Site, Products or Services or to any other user.
You acknowledge and agree that iCadenza, LLC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation iCadenza, LLC and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by iCadenza, LLC, in its sole discretion. iCadenza, LLC may also terminate access to, or membership in, iCadenza, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by or obtained through the use of iCadenza, including without limitation, information posted on message boards.
You expressly acknowledge and agree that iCadenza, LLC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of iCadenza, LLC, its users and the public. You acknowledge and agree that the technical processing and transmission of the Products and Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by iCadenza, LLC with regard to its users may be disclosed in accordance with iCadenza, LLC’s Privacy Policy.
LIMITED LICENSE TO YOUR CONTENT POSTED ON ICADENZA
iCadenza, LLC claims no ownership interest in any of the User Content (including, without limitation, pictures, videos and writing) posted by you or other members on iCadenza, and the copyright to all such Content shall remain with its original owner.
By posting Content on iCadenza, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on iCadenza.
In order to make it possible for Us to provide the Products and Services, you hereby grant Us a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (for example, re-sizing of photos and/or encoding of audio or video files), transmit, publicly display and distribute any Content posted by you on or through iCadenza, and to sublicense such rights solely as necessary to provide the Products and Services. The license shall terminate at such time as you remove your Content from iCadenza.
PAYMENT & REFUNDS
iCadenza uses third party payment processors.
To request a refund you have to email support@iCadenza.com within 10 days of the transaction and request a refund. Refunds will be for the full price of the transaction. We do not refund any interest or transaction fees that might of been charged to you by your financial institution.
Once the 15 day period is over, we do not issue refunds.
THIRD PARTY MERCHANDISE SALES
iCadenza may contain links to third party websites where Users can purchase goods or services from third party merchants (“Merchants”). By submitting an order to purchase any goods or services from Merchants, Users are obligated to complete such transactions, subject to the individual Merchant’s terms and conditions governing such transactions. Users are prohibited from submitting orders to purchase goods or services where they do not intend to complete such transactions.
By submitting an order to purchase goods or services from an individual Merchant, you acknowledge that you are entering into a transaction with that Merchant, and that iCadenza, iCadenza, LLC and the iCadenza Companies are not parties to the transaction.
We have no partnership, joint venture, employer-employee, or franchisor-franchisee relationship with any Merchant accessible through iCadenza. We cannot confirm that any particular Merchant is who that Merchant claims to be. Nor can We confirm the truth or accuracy of any statements made by Merchants or control whether Merchants who post statements on iCadenza will act in accordance with those statements. We will not get involved in any dispute between Users of the Service and Merchants who post links on iCadenza.
PROFILES
Users are invited to post content to their profile (“Profile”) subject to the following limitations: (a) We may limit the amount of bandwidth dedicated to any account; and (b) We reserve the right to modify the look and feel of Profile pages. Please consult the iCadenza Privacy Policy for special terms as they relate to Profiles. Profiles are governed by the entire Terms and Conditions, and you are encouraged to review these terms carefully. Under no circumstances may Profiles be used to infringe the copyright or any other right of any person or entity. iCadenza, LLC reserves the right to modify or discontinue the Profiles service at any time, and you are encouraged to maintain back-up copies of the content you post on your Profile. The Profile service may only be used by people who are at least 14 years old.
By registering on iCadenza, you represent and warrant that all registration information you submit is truthful and accurate and that you will maintain the accuracy of such information. You further represent and warrant that you are 14 years of age or older and that your use of the iCadenza will not violate any applicable law. Your membership is for your sole, personal use, and you will not authorize others to use your account, including your Profile. You are solely responsible for all Content published or displayed through your account, and for your interactions with other Users.
Please choose carefully the information you post on your Profile and that you provide to other members.
The information provided by other users in their Profiles may contain inaccurate, inappropriate or offensive material, products or services for which iCadenza, LLC assumes no responsibility or liability.
iCadenza, LLC reserves the right, in its sole discretion, to reject, refuse to post or remove any Content posted by you, or to restrict, suspend, or terminate your access to all or any part of the iCadenza, LLC Network, including iCadenza, at any time, for any or no reason, with or without prior notice, and without liability.
DISCLAIMER OF WARRANTIES
THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, ICADENZA, LLC DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, ICADENZA, LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. ICADENZA, LLC SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ICADENZA, LLC DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. ICADENZA, LLC DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. ICADENZA, LLC DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ICADENZA, LLC MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF MEMBER WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY ICADENZA, LLC
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL ICADENZA, LLC OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF ICADENZA, LLC OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, ICADENZA. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF PROFILES, ARIST PAGES OR OTHER CONTENT STORED THROUGHOUT ICADENZA.
UNDER NO CIRCUMSTANCES SHALL ICADENZA, LLC OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
DISCLAIMER REGARDING THIRD PARTY CONTENT
iCadenza offers access to numerous third party web pages and content available over the Internet. In overwhelming majority instances, including, but not limited to, sites contained within a directory of links, We have no control whatsoever over the content of such sites. In other instances, including, but not limited to, web pages hosted on iCadenza or provided to iCadenza by third parties, We may set guidelines for what may appear on such web pages and may engage in certain screening, but generally We exercise no control over the content of such web pages and is unable to police all such content. Third party content accessible through iCadenza from such sources is developed by people over whom We exercise no control. Similarly, Third Party Content hosted by iCadenza which is posted by third parties, and, with the exception of certain random screening functions, We cannot and do not screen such web pages before they are made accessible to other users of iCadenza. Accordingly, neither iCadenza, LLC nor its licensors assume any responsibility for the content of any site linked to the iCadenza web site or in any Third Party Content.
NO LICENSE; INTELLECTUAL PROPERTY OF ICADENZA AND OTHERS
Except as expressly provided, nothing within any of the Products and Services shall be construed as conferring any license to of iCadenza, LLC’s or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Our Content available through and used to operate iCadenza and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of iCadenza, LLC and its affiliates, licensors, and service providers.
Except as expressly provided to the contrary, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by iCadenza, LLC in connection with the Products and Services. You agree not to hold yourself out as in any way sponsored by, affiliated with, or endorsed by iCadenza, LLC, any of iCadenza, LLC’s affiliates, or any of iCadenza, LLC’s service providers. You agree not to use any of the trademarks or service marks or other Content accessible through iCadenza for any purpose other than the purpose for which such Content is made available to users by iCadenza, LLC You agree not to defame or disparage iCadenza, LLC and the iCadenza Companies, the trademarks or service marks of iCadenza, LLC, or any aspect of the Products and Services. You agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer the Products and Services or any software or programs used in connection with the Products and Services or iCadenza.
LINKING TO ICADENZA; USE OF LOGO
iCadenza grants you a limited non-assignable, non-transferable, and non-exclusive license to link to iCadenza web sites, using iCadenza logos, subject to the following provisions. iCadenza logos may be placed on a Web site for the sole purpose of creating a link to iCadenza and allowing users of your site to access the Products and Services on iCadenza. iCadenza logos may not be used for any other purpose, including, among other purposes, to suggest sponsorship by, or affiliation with, or endorsement by iCadenza. iCadenza logos may not be altered in any manner. iCadenza logos must appear by themselves, with reasonable spacing (at least the height of the logo) between each side of the applicable logo and other graphic or textual elements. iCadenza logos may not be used to disparage iCadenza, its products or services, or in a manner which, in iCadenza, LLC’s reasonable judgment, may diminish or otherwise damage iCadenza, LLC’s good will in iCadenza logos. By using any such iCadenza, LLC Network logo, you acknowledge that iCadenza has exclusive rights to the logo, and that all good will generated through your use of the logo will inure to the benefit of iCadenza. If you use iCadenza logos, you must include appropriate attribution, for example: “iCadenza® is a registered trademark of iCadenza, LLC, Inc.” iCadenza, LLC reserves the right to revoke this license or to alter its terms from time to time, for any or no reason, with or without notice. iCadenza, LLC reserves the right to take action against any use that does not conform to these provisions.
INDEMNITY AND RELEASE
By using the iCadenza web site you agree to indemnify iCadenza, LLC, and their officers, employees, volunteers and licensors, and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the iCadenza web site, your use of the Products and Services, or your submission of ideas and/or related materials to iCadenza, LLC or from any person’s use of any account or password you maintain with iCadenza, regardless of whether such use is authorized by you. By using iCadenza, using the Products and Services, or submitting any ideas and/or related materials to iCadenza, LLC, you are hereby agreeing to release iCadenza, LLC and its parents, subsidiaries, affiliates, officers, employees, volunteers, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to iCadenza, LLC YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of iCadenza or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
COPYRIGHT, TRADEMARK, AND PATENT NOTICES
All other marks that appear throughout the Products and Services belong to iCadenza, LLC or the respective owners of such marks, and are protected by U.S. and international copyright and trademark laws. Any use of any of the marks appearing throughout the Products and Services without the express written consent of iCadenza, LLC or the owner of the mark, as appropriate, is strictly prohibited. iCadenza, LLC may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a user to leave iCadenza to access third-party material or by bringing the third party material into this site via “inverse” hyperlinks and framing technology. iCadenza, LLC and the iCadenza Companies have no control over such sites and resources. You acknowledge and agree that iCadenza, LLC and the iCadenza Companies are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that iCadenza, LLC and the iCadenza Companies 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 site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the iCadenza Products and Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that iCadenza, LLC and the iCadenza Companies shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
iCadenza, LLC respects the intellectual property of others. It is iCadenza, LLC’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. iCadenza, LLC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, iCadenza, LLC may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. iCadenza, LLC will terminate access for users who are repeat infringers.
Notifying iCadenza, LLC of Copyright Infringement: To provide iCadenza, LLC notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of report@iCadenza.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Providing iCadenza, LLC with Counter-Notification: If you feel that your material does not constitute infringement, you may provide iCadenza, LLC with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at report@iCadenza.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Products and Services, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of California applicable to contracts entered into and wholly to be performed within California. Any controversy or claim arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered into in any state or federal court having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Los Angeles, California having jurisdiction thereof. Except as set forth above, the state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any user’s use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, users consent to personal jurisdiction and venue in the provincial and federal courts in Quebec with respect to all such disputes.
CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
iCadenza reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. iCadenza reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
NON-WAIVER AND SEPARABILITY
iCadenza, LLC’s failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of these Terms and Conditions to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and agree that the other provisions of these Terms and Conditions remain in full force and effect.
SUCCESSORS AND ASSIGNS
Without in any way limiting the prohibition on your resale, assignment, sublicensing, or other transfer of rights or obligations, these Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
TERMINATION; SURVIVAL
These Terms and Conditions shall continue in effect for as long as you use the Products and Services, unless specifically terminated earlier by iCadenza, LLC All provisions of these Terms and Conditions which impose obligations continuing in their nature shall survive termination of these Terms and Conditions.
COMMUNICATIONS WITH USERS
You consent to receive communications from iCadenza, LLC concerning your use of the Products and Services (“Communications”). The Communications may be those that iCadenza, LLC is required to send to you by law concerning the Products and Services (“Required Communications”). The Communications may also be those that iCadenza, LLC sends to you for other reasons. You consent to receive Communications electronically. iCadenza, LLC may provide these Communications to you by sending an email to the email address you provided in connection with your account or by posting the Communication on iCadenza. You also consent to receive Communications by telephone or by postal mail sent to the postal address you provided in connection with your account. You may change the email or postal address to which iCadenza, LLC sends Communications by visiting your account information page.
In order to receive Required Communications, you must provide iCadenza, LLC, upon registration with iCadenza, a valid email address to which iCadenza, LLC may send electronic mail.
SUBMISSIONS OF IDEAS
iCadenza is always improving its Products and Services and developing new features. If you have ideas regarding improvements or additions to iCadenza, we would like to hear them — but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea or related materials to iCadenza be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or any related material to Us, you are waiving any and all rights that you may have in the idea or any related materials and are representing and warranting to Us that the idea and/or related materials are wholly original with you, that no one else has any rights in the idea and/or materials and that We are free to implement the idea and to use the materials if it so desires, as provided or as modified by Us, without obtaining permission or license from any third party.
VIOLATIONS OF TERMS AND CONDITIONS
Should you violate these Terms and Conditions or any other rights of iCadenza, LLC, We reserve the right to pursue any and all legal and equitable remedies against you, including, without limitation, terminating any and all user accounts on any and all of the iCadenza, LLC web sites.
If you are aware of any violations of these Terms and Conditions, please report them to: report@iCadenza.com
Please read the entire Terms and Conditions, as all iCadenza, LLC properties, Products and Services are offered subject to these Terms and Conditions.
last updated
May 5, 2010