Terms of Service
Terms of Service
Welcome to the Central Florida Musicians' Association (CFMA) Website. Please carefully review our Terms of Service before you begin using the site. Thank you.
A. Your Acceptance
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. CFMA may, in its sole discretion, modify these Terms of Service at any time. By continuing to use this website following our posting of such changes, you agree to be bound by these Terms of Service, as modified.
Through our sites, CFMA provides users with access to a rich array of educational resources, including personalized content. We hope you find our sites useful. We reserve the right to modify, suspend, or discontinue the Website or any related sites, or any part of them, at any time, for any reason without prior notice to you. You agree that we shall not be liable for any such modification, suspension, or discontinuance.
Your registration information, as well as other personally identifiable information that you provide us about yourself on our sites, is subject to our Privacy Statement. Click here to read our Privacy Statement.
B. General Use of the Website — Permissions and Restrictions
CFMA hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
C. CFMA Registered User Accounts
- You do not collect any personally identifiable information of others, including user names or email addresses, from the Website.
- You do not use the Website for any commercial purposes without the prior written authorization of CFMA. You agree not to transmit or otherwise make available any unsolicited advertising, promotional information, bulk e-mail or other solicitation. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Comments.
- You do not use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the CFMA servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, CFMA grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. CFMA reserves the right to revoke these exceptions either generally or in specific cases.
- You do not transmit or otherwise make available any content containing any “virus,” “worm,” “trojan horse,” or any other computer code, file, or program designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- You do not alter or modify any part of the Website.
- You do not circumvent, disable or otherwise interfere with security-related features of the Website or our sites or servers (or networks connected to our Website).
- You do not harass, threaten, embarrass, or cause distress, unwanted attention, or discomfort to a person or entity on or through the Website or its communication systems.
- You do not transmit or otherwise make available on or through the Website any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable, as solely determined by CFMA.
- CFMA reserves the right to change or discontinue any aspect of the Website at any time, for any reason, and without notice to you.
- CFMA reserves the right to suspend or terminate a user’s access to the Website, without prior notice and at CFMA’s sole discretion.
- This list of permissions and restrictions, along with the other terms discussed below, is not intended to be complete, but merely illustrative. We reserve the right in our sole and final judgment to determine whether your conduct violates conduct requirements for the Website.
In order to access some features of the Website, such as, for example, interactive blogs, you have to become a Registered User, which will also create a user account. As a Registered User, you agree to be bound by the following terms:
D. Your Use of Content on the site
- When creating or modifying your account, you must provide accurate, current, and complete information. We reserve the right to disallow use of any user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing the Website through any username/password assigned to you. You must notify CFMA immediately of any breach of security or unauthorized use of your account. You may never use another’s account without permission.
- As a Registered User you may submit comments on various CFMA blogs or other material (collectively, “User Content”) to the Website. CFMA reserves the right, but does not assume the obligation, to delete, move, condense, or edit such User Content for any reason and without prior notice. CFMA also reserves the right to suspend or terminate a Registered User’s access for posting User Content.
- You are solely responsible for your own User Content and the consequences of posting or publishing it. You affirm, represent, and/or warrant that: you own, or have the necessary licenses, rights, consents, and permissions to use and authorize CFMA to use, all patent, trademark, trade secret, copyright or other proprietary rights in and to all User Content you submit to enable inclusion and use of such User Content in the manner contemplated by the Website and these Terms of Service.
- You retain all of your ownership rights in your User Content. However, by submitting User Content to CFMA, you hereby grant CFMA a worldwide, non-exclusive, royalty-free, sublicenseable, perpetual, and transferable license to use, reproduce, store, distribute, prepare derivative works of and display your User Content (and your user name) in any medium in connection with the activities and operations of CFMA, its affiliated entities and successors. You also hereby grant each user of the CFMA Website a non-exclusive license to access your User Content through the Website, and to use, reproduce, and distribute such User Content for such user’s personal, non-commercial purposes. You understand and agree that CFMA may retain, reproduce, distribute and otherwise use for any purpose copies of User Content that has been removed from the Website. The above licenses granted by you are perpetual and irrevocable.
- CFMA does not endorse, authorize or ratify any User Content, or any opinion, recommendation, or advice expressed therein, and CFMA expressly disclaims all liability in connection with User Content. CFMA does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and CFMA reserves the right, but does not assume the obligation, to remove any content from the Website if notified that such content infringes on another’s intellectual property rights.
In addition to the restrictions above, the following restrictions and conditions apply specifically to your use of content on the CFMA Website.
E. Digital Millennium Copyright Act
- The content on the Website (other than your User Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, CFMA Content”) is owned by or licensed by CFMA. Similarly, the trademarks, service marks and logos contained on the Website are owned or licensed by CFMA (CFMA Marks”). Except as otherwise provided in these Terms of Service, the CFMA Content and the CFMA Marks may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of CFMA. CFMA reserves all rights not expressly granted in and to the CFMA Content and the CFMA Marks.
- The Website is made available for your personal, non-commercial use only. As part of such use, you may display, download and/or print pages from the site; you may link to the Website; and you may forward Website materials to others for personal, non-commercial uses that are reasonably related to the Website’s purposes.
- You understand that when using the CFMA Website, you will be exposed to CFMA Content, User Content, and other third-party content from a variety of sources, and that CFMA makes no warranty about the accuracy, usefulness, safety, or intellectual property rights of or relating to such CFMA Content, User Content, or other third-party content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CFMA with respect thereto.
If you are a copyright owner or an agent thereof and believe that any CFMA Content or User Comment infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing CFMA’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
For clarity, only DMCA notices should go to the Copyright Agent. Please use the Contact Us form for any other feedback, comments, requests for technical support, or other communications with CFMA.
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit CFMA to locate the material;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed;
- Your name, mailing address, telephone number, and e-mail address; and
- A physical or electronic signature of the owner of the exclusive right that is allegedly infringed, or that of the person authorized to act on behalf of the owner. CFMA’s designated Copyright Agent to receive notifications of claimed infringement is: [contact information here]. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
F. Warranty Disclaimer
THIS WEBSITE IS PROVIDED TO YOU “AS IS.” YOU AGREE THAT YOUR USE OF THE CFMA WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CFMA, AS WELL AS ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE CFMA PARTIES”), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE CFMA PARTIES CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE. NOR DO THE CFMA PARTIES GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CFMA PARTIES DO NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE CFMA WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
G. Limitation of Liability
IN NO EVENT SHALL THE CFMA PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER OR NOT THEY ARE FORESEEABLE, RELATING TO THIS WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CFMA WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CFMA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE CFMA PARTIES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT THESE LAWS APPLY TO YOU, SOME OF THE PROVISIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE CFMA PARTIES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF YOUR USE OF AND ACCESS TO THE CFMA WEBSITE OR YOUR VIOLATION OF ANY OF THESE TERMS OF SERVICE. THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE CFMA WEBSITE.
H. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the CFMA Website is not intended for children under 13.
You and CFMA agree that any cause of action arising out of or related to the CFMA Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.