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Terms And Conditions of Use
TERMS AND CONDITIONS OF USE
1 ACCEPTANCE OF TERMS
1.1 Your access to and use of tedkurland.com (the “Website") and any of the services which are made available to users of the Website from time to time (“Services”)are subject exclusively to these Terms and Conditions. You will not use the Website or our Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By accessing and using the Website/Services you are fully accepting these Terms and Conditions. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time without any requirement to furnish you with advance or other notice, and your continued access and use of the Website and Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide information about the musicians and projects on our roster, including contracted tour dates, proposed tour plans, “hot avails” (open dates), and links to ticketing websites. We may also provide additional information on our artists including biographies, musical tracks, video tracks, publicity and marketing materials. Tourdates and news articles can be accessed through RSS (Real Simple Syndication) feeds. Your access and use of the Website and Services are solely for your personal and non-commercial use only. No right, title or interest in any content is transferred to you, whether as a result of downloading or otherwise. Ted Kurland Associates retains all intellectual property rights in and to all content of the Website.
3 INTELLECTUAL PROPERTY RIGHTS
The Website and its content (including without limitation the Website design, text, graphics, photos, and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other laws pertaining to the protection of intellectual property rights. Copyrights to all content and use of trademarks on the Website are held or owned by Ted Kurland Associates or by third parties who have licensed or authorized use by Ted Kurland Associates. In accessing and using the Website and Services you agree that you will use the contents and solely for your personal and non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold, distributed, or altered without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
4 CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
5.1 We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United States. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties.
5.2 We use a technology called "cookies" as part of our normal business procedure to track patterns of behavior of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
6 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will Ted Kurland Associates be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
7 USER CONDUCT
7.1 In using the Website/Services you agree not to:
7.1.1 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
7.1.2 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
7.1.3 collect or store personal information about others, including email addresses;
7.1.4 impersonate any person or entity for the purpose of misleading others;
7.1.5 violate any applicable laws or regulations;
7.1.6 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;
7.1.7 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
7.1.8 attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
7.2 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
9 LINKS TO THIRD PARTY WEBSITES
You understand that you are personally responsible for your behavior on the Website. You agree to indemnify and hold Ted Kurland Associates harmless from and against any breach by you of these Terms and Conditions including any claim or demand brought against Ted Kurland Associates by any third party arising out of your use of the Website, Services and/or any content submitted, posted or transmitted through the Website, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal fees and costs s) howsoever suffered or incurred by Ted Kurland Associates in consequence of your breach of these Terms and Conditions.
TED KURLAND ASSOCIATES MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE, THE SERVICES AND THE CONTENT THEREIN. TED KURLAND ASSOCIATES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NO REPRESENTATION OR WARRANTY IS PROVIDED THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT ERRORS WILL BE CORRECTED, THAT ACCESS TO THE WEBSITE OR USE OF THE SERVICES WILL BE SECURE, THAT ACCESS WILL BE AVAILABLE WITHOUT INTERRUPTION, OR THAT CONTENT IS ACCURATE OR RELIABLE. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.
12 LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, TED KURLAND ASSOCIATES WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF ACCESS TO OR USE OF THE WEBSITE, THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES. TED KURLAND ASSOCIATES SHALL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE OR THROUGH ANY LINKED THIRD PARTY SITE EVEN IF TED KURLAND ASSOCIATES HAS BEEN NOTIFIED OF ANY ERROR OR INACCURACY IN THE WEBSITE OR SERVICES. YOU AGREE THAT IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICES YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USE OF THE WEBSITE.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable to any extent or for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14 GOVERNING LAW
Any and all disputes pertaining to your access and use of the Website and Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without application of its conflict of law provisions, and you hereby submit to the exclusive jurisdiction of the federal and state courts situated in said Commonwealth in connection with any matter arising out of your use and access to the Website and Services.
15 ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you and Ted Kurland Associates regarding the access and use of the Website and Services. The failure of Ted Kurland Associates to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Ted Kurland Associates is located at 173 Brighton Avenue, Boston MA 02134. You can reach us via email: firstname.lastname@example.org.