Please read these Terms of Use ("Terms") carefully before accessing Manhattan School of Music’s Web site (www.msmnyc.edu, or, the “Site”). By using and participating in this Site, you signify that you have read these Terms and agree to be bound by and comply with them. If you do not agree to be bound by these Terms, please promptly exit the Site. Manhattan School of Music (the “School”) reserves the right to modify these Terms at any time and will publish notice of any such modifications online at this Site or elsewhere online. By continuing to access a site after notice of such modifications has been published, you signify your agreement to be bound by them.

1. Ownership|Standard

© 2003–2005 Manhattan School of Music. All rights reserved.

The School specifically retains any rights, including any copyright or other intellectual property rights, that it may have in any data, files, or images contained in the Site. Notwithstanding the foregoing, third parties may have additional rights above and beyond those held through the School, and any infringement of those rights could subject you to additional claims by third-party rights holders. The School asserts ownership over its name (in full or in any abbreviated form) and any other mark, logo, insignia, seal, design, slogan, mascot, service mark, symbol, or any combination of these, which refers to or are associated with the School. Product names used in this Site are trademarks or registered trademarks of their owners.

2. Limitation of Use

You may download material displayed on the Site for noncommercial, educational, non-misleading personal use only, provided they also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or otherwise use the content of the Site for public or commercial purposes, including text, images, audio, and video, without the School’s or other rights holders’ written permission. It is your responsibility to determine and satisfy copyright or other restrictions when using materials found on the Site.

You may use the Site for legal purposes only. Furthermore, you agree that, if a third party claims that any material you have contributed to the Site is unlawful, you will bear the burden of establishing that the material complies with all applicable laws. The School has the right to remove material from the Site, block access, or take other action with respect to such content in its sole discretion, although the School is under no obligation to do so. You may not use the Site or any other of the School’s computing resources to disseminate unsolicited advertising or promotional material of any kind. The Site may not be framed within another Web site.

3. Disclaimer of Warranty/Limitation of Liability

This Site and any information, products, or services therein are provided "as is" without warranty of any kind, either express or implied, including without limitation, the implied warranties of merchantability, fitness for use of a particular purpose, or noninfringement.

The School does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy, or completeness of the Site; information obtained from the Site; or links to other sites. Owing to the frequent update of its content, in cases where information published on the Site differs from information found in the School’s printed materials, you should notify the School’s Web site Content Manager by e-mail. The School does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through the Site is at your own risk.

You agree that the School will not be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these Terms, or to your (or any third party's) use or inability to use the Site, or to your placement of content on the Site, or to your reliance upon information obtained from or through the Site. In particular, the School will have no liability for any consequential, indirect, punitive, special, or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these Terms; your use or inability to use the Site; or your placement of content on the Site; or to your reliance upon information obtained from or through the Site, whether based in contract, tort, statutory, or other law, except only to the extent that applicable law requires such liability.

The School makes no representation regarding your ability to transmit and receive information from or through the Site, and you agree and acknowledge that your ability to access the Site may be impaired. The School disclaims any and all liability resulting from or related to such events.

4. Indemnification

You agree to indemnify and hold the School harmless from any claims, losses, or damages, including legal fees, resulting from your violation of these Terms; your use of a Site, or your placement of any content onto the Site; and to fully cooperate in the School's defense against any such claims.

5. Link to Other Sites

The School makes no representations whatsoever about any third-party Web site that a visitor accesses deliberately or inadvertently from the Site. Moreover, links to external, third-party Web sites do not indicate the School’s endorsement or acceptance of any responsibility for their content or use.

6. Choice of Law

The laws of the State of New York will apply to all Site content and transactions. You are responsible for complying with local laws, should they be different from the laws governing the Site. You further consent to the personal jurisdiction of and exclusive venue in the federal and state courts located in and serving New York County, New York, as the legal forum for any such dispute.

7. Privacy

The confidentiality and privacy of electronic communications facilitated by the Site, including e-mail, data collection forms, or related technologies, is not guaranteed by Manhattan School of Music. The School, however, does not share digitally collected information with third parties other than its authorized agents.

8. Other

The Site may contain errors and omissions relating to product description, pricing, and availability. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel any offered product or service in the event of an error or omission in the description, including price, unavailability, or other reason.

9. General

These Terms constitute the entire agreement between you and the School and its affiliates with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.

10. Copyright Complaints

The School respects the intellectual property rights of others. For further information on Intellectual Property matters related to this publication, contact the Director of Information Technology, Manhattan School of Music, 120 Claremont Avenue, New York, NY 10027 in writing by letter or e-mail.

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