April 1, 2014
This terms of use agreement (the “Agreement”) governs your use of digital content on the Allegheny College Choral Archive (the “Archive”). When accessing concert data, you will be presented with the terms of use agreement. If you do not agree to these terms, please do not use the Archive or its Website (the “Site”).
Access to the Archive is provided at no cost to you and is granted for scholarship and research purposes only. The Archive will provide you with a password to access concert data, provided that you complete the required registration and provide accurate information in your registration. You may use your password only to access the Archive in ways consistent with this Agreement – no other access to or use of the Site or the Archive’s services is authorized. You agree not to interfere with the work of other users or Archive personnel, servers, or resources. Further, you agree not to recirculate your password to other people or organizations or to copy offsite any part of the Archive. Please report any unauthorized use of your password promptly to info@archive.org.
Some of the content available through the Archive may be governed by local, national, and/or international laws and regulations, and your use of such content is solely at your own risk. You agree to abide by all applicable laws and regulations, including intellectual property laws, in connection with your use of the Archive. In particular, you certify that your use of any part of the Archive will be noncommercial and will be limited to noninfringing or fair use under copyright law. In using the Archive’s site, you further agree (a) not to violate anyone’s rights of privacy, (b) not to act in any way that might give rise to civil or criminal liability, (c) not to use or attempt to use another person’s password, and (d) not to infringe any copyright, trademark, patent, or other proprietary rights of any person.
You agree that we may contact you from time to time with surveys or other questions regarding your opinions about and uses of the Archive, as well as with information we believe may be of interest to you. We encourage you to respond to these surveys because we value your input, which will assist us in improving the Archive.
The Archive may modify this Agreement from time to time, and your continued use of the Site constitutes your acceptance of any and all modifications. The Archive will attempt to notify you of substantial modifications via the email address that you have registered with us, if any. Your email address and other personal information registered on the Site will remain confidential and will not be shared with any other parties.
You agree that your use of the Site and Archive is at your sole risk. We make no warranty of any kind, either express or implied.
You agree to indemnify and hold harmless the Archive and its parents, agents, or custodians, from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys’ fees) arising from your use of the Archive or the site. You agree that this Agreement is governed by California law and that any suit arising from this Agreement will be brought in San Francisco, California, and you further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to the California Code of Civil Procedure, §§1280 et seq. In addition, you agree that should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.
This Agreement and any other policies posted on the Site constitute the full and complete agreement between you and the Archive and are not intended to inure to third-party beneficiaries.
We welcome your input. Please contact us with any comments or questions at XXXX