1. Acceptance of Terms
2. Access to Service
This website is protected by copyright, trademark, and other intellectual property rights. Pursuant to these TERMS, you are hereby granted limited, non-exclusive, non-transferable access, for as long as you are permitted to use the SERVICE, solely for purposes of personal use without any intent of gaining profit.
3. Use of Service
To use the SERVICE, you must have access to a compatible web browser. You are responsible for obtaining and maintaining all Internet access services, computer hardware, software, and other equipment and services needed for access to and use of the SERVICE and paying all charges related thereto. You agree not to access the SERVICE by any means other than through the interface and log in information that is provided by Konexion Musikal for use in accessing the SERVICE.
4. Modifications to and Discontinuation of Service
WE reserve the right at any time, and at our sole discretion, to modify or discontinue, temporarily or permanently, the SERVICE or any aspect or feature thereof with or without notice. WE shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the SERVICE or any part thereof. This includes any malfunction of services from our providers.
In order to use the SERVICE, you will be supplying certain information as part of your registration ("REGISTRATION DATA"). In consideration of your use of the SERVICE, you represent that (a) all REGISTRATION DATA you provide will be true, accurate, current, and complete; and (b) you will continue to 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 WE have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, WE have the right to suspend or terminate your use of this website without a refund.
6. User ID, Password, and Security
You will be issued a user ID and password in connection with the registration process. You are responsible for maintaining the confidentiality of your user ID and password. You are entirely responsible for any and all activities that occur under your user ID and password and for ensuring that all use of your account complies fully with these TERMS. To reduce the risk that others will gain unauthorized access to your account, you must ensure that you exit from your account at the end of each session. You must immediately notify us of any unauthorized use of your user ID or password or any other breach of security. WE cannot and will not be liable for any loss that you may incur as a result of someone else using your user ID or password, either with or without your knowledge.
You agree to indemnify and hold harmless Konexion Musikal (Konexion Musikal LLC); its affiliates; and each of their respective directors, officers, employees, agents, and suppliers from any and all damages, losses, claims, or demands made by any third party, and all expenses related thereto (including but not limited to court costs and reasonable attorneys' fees), due to or arising out of or in connection with your use of the SERVICE, your violation of these TERMS, your violation of any rights of another, or any use of your user ID, regardless of whether such use is authorized by you.
9. Termination and Suspension
WE, at our sole discretion, may terminate, suspend, or otherwise restrict your user ID, password, or access to or use of this website (or any portion thereof) at any time for any reason whatsoever, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these TERMS. You acknowledge and agree that any termination, suspension or restriction of your access to this website and services under any provision of these TERMS may be effected without prior notice, or any notice at all; and that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this website. WE shall not be liable to you or any third party for any termination, suspension, or restriction of your access to this website.
10. Disclaimer of Warrantees
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KONEXION MUSIKAL LLC AND ITS AFFILIATES AND VENDORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. WITHOUT LIMITING THE FOREGOING, KONEXION MUSIKAL LLC AND ITS AFFILIATES MAKE NO WARRANTY THAT (I) THIS WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THIS WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) ANY ERRORS IN THIS WEBSITE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. KONEXION MUSIKAL LLC SHALL HAVE NO LIABILITY FOR SERVICE INACCURACIES ARISING FROM INPUT OF INACCURATE DATA OR INCORRECT USE OF SERVICES PROVIDED.
11. Limitation of Liability
IN NO EVENT SHALL KONEXION MUSIKAL LLC OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (C) CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (D) ANY OTHER MATTER RELATING TO THIS WEBSITE.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANY PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, KONEXION MUSIKAL LLC LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT EQUAL TO TWELVE MONTHS OF FEES CHARGED TO YOU FOR THE SERVICE.
12. Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.
13. No Recourse to Konexion Musikal LLC; Dispute Resolution
You agree that Konexion Musikal LLC shall have no direct liability to you in connection with your use of this website or services provided, and that any claim you may have relating to or arising out of your use of this website or services shall be brought against Konexion Musikal LLC.
Any controversy or claim arising out of or relating to these TERMS or breach hereof, or otherwise relating to this website or services provided (with the exception of relief sought by Konexion Musikal LLC or any of its vendors for any violation of its proprietary rights), shall be settled by binding arbitration in accordance with the then-current commercial arbitration rules of the United States.
The cost of arbitration, including fees per arbitrator, shall be borne equally by the parties. The location of arbitration shall be New York, New York, USA. To the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these TERMS, whether through class arbitration proceedings or otherwise.
14. Governing Law; Exclusive Jurisdiction
These TERMS and your use of this website shall be governed by the laws of the State of New York, USA, without regard to its conflict of law provisions.
SUBJECT TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH IN SECTION 13, ANY LEGAL ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN NEW YORK, NEW YORK, USA, AND YOU EXPRESSLY CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF SUCH COURTS.
15. Communications with Users
WE reserve the right to communicate with you regarding your use of this website. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
These TERMS, including any specific guidelines or rules posted by us from time to time, constitute the entire agreement between you and us with respect to your access to and use of this website and supersede any prior agreements, whether written or oral, between you and us with respect to the subject matter hereof, except for any written engagement letter between you and Konexion Musikal LLC regarding the SERVICE, payment of fees, and respective responsibilities thereof.
Our failure to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision. If any provision of these TERMS is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these TERMS shall remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website and services or these TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section headings used herein are for convenience only and shall not be given any legal or contractual effect. You expressly acknowledge that portions or this website are provided on behalf of Konexion Musikal LLC by one or more third-party vendors, and that such third-party vendors shall be intended beneficiaries of the TERMS and may enforce such TERMS against you.
This website and services provided are not intended for use by or availability to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE YOU LIVE OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS OR USE THIS WEBSITE for any type of purpose. Your continued use will be a direct violation of our terms of service.
18. Licenses and Permits
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