Terms of Use PDF Print

Terms of Use

Acceptance of Terms of Use
Please read through these Terms of Use carefully. By accessing and/or using RiverSong’s Web site at www.riversongchorus.com (the “Public Site”) or by otherwise accessing any content found on the Site, you are deemed to have entered into an agreement with RiverSong Chorus and to have agreed to be bound by the terms set out below.

The Site is owned and operated by RiverSong Chorus

Intellectual Property Protection
The contents and design of the Sites and any material electronically provided to you or otherwise supplied to you in conjunction with the Sites (such contents, design and materials being collectively referred to as the "RiverSong Content"), are copyright of RiverSong Chorus and the other contributors to the Sites. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “RiverSong” name and logo or other trade names appearing on the Sites) for any reason without written permission from RiverSong Chorus or the identified owner. The software which operates the Sites is proprietary software and you may not use it except as expressly allowed under these Terms of Use. You may not copy, reverse engineer, modify or otherwise deal with the software.

Use of RiverSong Content
You may retrieve and display the RiverSong Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the RiverSong Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from RiverSong Chorus:

  1. reproduce or store in or transmit to any other Web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the RiverSong Content, or
  2. modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the RiverSong Content (including use as part of any library, archive or similar service) without the prior written consent of RiverSong Chorus, or
  3. remove the copyright or trade mark notice from any copies of the RiverSong Content made under these Terms of Use.

Any use of the RiverSong Content not specifically permitted above is expressly prohibited.

Third Party Transactions
You may use the Site to purchase products or services from RiverSong's third party partners. In that event, your contract for such products will be with the third party partner and not with RiverSong.

Term and Termination
RiverSong may, in its discretion, terminate or suspend your access to all or part of the Sites (including any right to access and use the RiverSong Content) with cause by delivering notice to you.

The rights of termination are in addition to all other rights or remedies of RiverSong provided in these Terms of Use or by law.

Changes to the Sites
RiverSong Chorus reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the RiverSong Content available on the Site at any time.

Registration, Passwords and Responsibilities
The Site is only open to you if you register and are a member of the RiverSong Chorus. You are solely responsible for the confidentiality and use of and access to the RiverSong Content and the Member Site using your user name and sign-on password. You agree to immediately notify RiverSong if you become aware of any loss or theft of any sign-on password or any unauthorized use of a sign-on password, user name, or of the RiverSong Content or the Sites. You will provide RiverSong with accurate, complete registration information (including in particular your e-mail address) and inform RiverSong of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms of Use, RiverSong Chorus reserves the right to monitor and record activity on the Site, including access to the RiverSong Content.

Each registration is for a single user only. You may not share your user name and password with any other person. RiverSong does not permit access through a single name and password being made available to multiple users on a network. RiverSong may cancel or suspend your access to the Sites if you do this without further obligation to you.

Privacy Policy
The information that you provide about yourself to RiverSong will only be used in accordance with RiverSong's Privacy Policy Statement.

Community Forums
The Site includes bulletin boards, discussion groups and other areas that allow and interaction between members of the RiverSong Chorus. While RiverSong does not control the information/materials posted to forums by users (the "messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums in the event the messages violate the rules set out below.

You are solely responsible for the content of your messages. You must comply with any rules posted by RiverSong on a forum or feedback venue. You may not:

  1. post, link to or otherwise publish any messages with recommendations to buy or refrain from buying a particular security or which otherwise have the purpose of affecting the price or value of any security;
  2. post, link to or otherwise publish any messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
  3. post or otherwise publish any messages that contain a virus or other harmful component;
  4. disguise the origin of any messages;
  5. impersonate any person or entity (including members of RiverSong Chorus) or misrepresent any affiliation with any person or entity;
  6. post or otherwise publish any messages unrelated to the forum, the forum's topics, or feedback subject;
  7. knowingly post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Site or any computer software or equipment;
  8. collect or store other users' personal data;
  9. restrict or inhibit any other user from using the Forums.

By submitting messages to any forum or feedback, you agree to indemnify and hold harmless RiverSong Chorus from all claims, costs and expenses (including legal expenses) arising out of any messages posted or published by you that are in breach of these Terms of Use.

Forums and feedback contain messages submitted by users over whom RiverSong has no control. RiverSong cannot guarantee the accuracy, integrity or quality of any messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the forum and feedback, and should not rely on messages in making (or refraining from making) any specific investment or other decisions.

It is not possible for RiverSong to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify RiverSong immediately.

No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made to ensure the high quality and accuracy of the Sites, RiverSong makes no warranty, express or implied concerning the RiverSong Content, the Sites, software or products or services available through the Sites (the "Site Services"), which are provided "as is". RiverSong expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will RiverSong, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if RiverSong has been advised of the possibility that such damages may arise. RiverSong does not guarantee the accuracy, content, or timeliness of the RiverSong Content or Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.

In no event will any liability of RiverSong, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms of Use by RiverSong exceed the amount, if any, paid by you to RiverSong in respect of the particular Site Service to which the claim relates or by way of membership dues.

Upon RiverSong's request, you agree to defend, indemnify and hold harmless RiverSong from any claims and expenses, including reasonable legal fees, related to any breach of these Terms of Use by you or your use of any Site Services.

Force Majeure
RiverSong, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the RiverSong Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Changes to these Terms
RiverSong may, in its discretion, change these Terms of Use (including those relating to your use of Sites and/or the RiverSong Content). When the Terms of Use are changed, RiverSong will notify you by e-mail or by publishing details of those changes by including them in these Terms of Use. If you use the Sites after RiverSong has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Sites any further after they are published. Access to certain the RiverSong Content may be subject to additional terms and conditions.

Advertising, Third Party Content and other Web sites
Parts of the Site may contain third party content. Content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. RiverSong is not responsible for any third party content. The Sites may contain links to other Web sites. RiverSong is not responsible for the availability of these Web sites or their contents.

Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms of Use may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by RiverSong.

Non-Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.

Notices
Notices to RiverSong must be given in writing by letter and sent to RiverSong’s last known place of business in St Joseph, MO. 

Severability/Survival/Statute of Limitations
If any provision of these Terms of Use is invalid or unenforceable, such will not render all the Terms of Use unenforceable or invalid but rather the Terms of Use will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in St Joseph, MO, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.

Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply.

Headings
Headings in these Terms of Use are for convenience only and have no legal meaning or effect.

Governing Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the law of the State of California. The parties irrevocably agree that the courts of San Diego, California shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the San Diego, California courts.

For the exclusive benefit of RiverSong, RiverSong shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms of Use are entered into in the course of your trade or profession, the country of your principal place of business.

Last Updated ( Thursday, 03 January 2008 )
 
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