Terms of Use

MacPhail Center for Music Website Terms of Use

The following terms of use (the “Terms of Use”) govern your use of all websites and mobile applications from which these Terms of Use are accessible. Each such website and mobile application shall be referred to herein individually as a “Website” and they shall be collectively referred to as the “Websites.”  The Websites are made available to you by MacPhail Center for Music (referred to herein as “MacPhail,” “we,” “our,” or “us”).

You represent that you are legally able to accept these Terms of Use and affirm that you are of legal age to form a binding contract or have obtained parental or guardian consent to do so. This Website is not intended for use by anyone under the age of 13.

Please read these Terms of Use carefully before using this Website. By using this Website in any manner (whether in an automated fashion (including, without limitation, through a software tool, spider, bot, or agent) or otherwise), your actions constitute an act of acceptance of, and agreement to be bound by, these Terms of Use. Your access to and use of this Website are also governed by the Privacy Policy (the “Privacy Policy”) available here, which is hereby incorporated by reference. If you do not agree to these Terms of Use, you may not access or otherwise use this Website.

We may change the Terms of Use from time to time, at any time without notice to you, by posting such changes on the Websites. Your continued use of a Website after such a change has been made available through the Website constitutes an act of acceptance of such a change.

Please note that the Website, or certain features that may be available through the Website, are hosted and operated by third parties, including, but not limited to the MacPhail Student Placement Form, Registration Form, and MacPhail job openings. Your use of such features is subject to terms and policies made available by that provider at the time you use that feature. Please review those terms carefully. MacPhail is not responsible for the acts or omissions of any third party.

Rules of Conduct

You agree that you will not, directly or indirectly: (i) “harvest” (or collect) information from this Website using an automated software tool or manually on a mass basis; (ii) use automated means to access this Website (except in the operation of a general purpose search engine accessible to the public without the payment of any fee); (iii) gain unauthorized access to this Website or to any account or computer system connected to this Website; (iv) download, store or transmit copies of streamed content from this Website; (v) attempt to obtain access to areas of this Website or our systems that are not intended for access by you; (vi) intentionally overburden, disrupt or harm this Website or its systems; (vii) circumvent the security of this Website or our systems; (viii) misrepresent or attempt to misrepresent your identity while using this Website, or (ix) restrict or inhibit others from lawfully using and enjoying this Website.

Site Registration and Log In

To access certain features or areas that may be available on this Site, including areas reserved for MacPhail’s students, employees, or applicants, you may be required to provide personal and/or demographic information as part of registration or log-in process. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share, or otherwise transfer your account information; provided, however, if you are an applicant under the age of 13, such registration information may only be provided by your parent or legal guardian. You may provide registration information via this Site on behalf of a minor, so long as you are such minor’s parent or legal guardian, and you agree that the application information you provide is true, accurate, current, and complete.

Ownership of Website Content and Submissions

We or our faculty, students, licensors, developers, or partners own the intellectual property rights in the content and materials, including, without limitation, all photographic, audio and video content, displayed on, or available through, this Website. You may use this Website (including such content and materials) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any content or material from this Website unless explicitly authorized in these Terms of Use or by an express permission included in the applicable portion of the Website on which such content or material is found. You may, however, download and/or print one copy of individual pages of the Website for your personal, non-commercial use, if you keep intact all copyright and other proprietary notices.

If you submit any content to this Website, such content and material will be deemed to be non-confidential, and you grant us a royalty-free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such content and materials, including alterations thereof, for any purpose, in any form, in any media, and via any technology, whether it exists now or is created in the future. You hereby grant us the right to use your name and other information about you that you have provided in connection with such content and material. You represent that any materials and content posted or otherwise submitted by you to this Website are original to you and that you have the right to grant us these rights.

Linking Policies

This Website may contain links to other websites or to third party sellers of products and services. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such websites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such websites.

You may not use on your website any Trademarks or copyrighted materials appearing on this Website, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this Website upon notice. If you receive such a notice from us, you agree to discontinue your link to the Website.

Trademarks and Copyrights

The trademarks, copyrights, logos, service marks and trade names (“Trademarks”) displayed on this Website or on content or materials available on or through this Website are the registered and unregistered Trademarks of MacPhail, its affiliates, or third parties and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or in a manner that is likely to cause brand confusion. All other content on this Website (“Copyrights”), including all page headers, custom graphics, icons, and scripts are copyrighted works of MacPhail, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of MacPhail.

All Trademarks not owned by us that appear on this Website or on or through any of this Website’s services, if any, are the property of their respective owners. Nothing about this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the third party that may own the applicable Trademark. If you have questions about the legal use of the Trademarks owned by MacPhail, please contact us at contact@macphail.org

All content of MacPhail’s website are: Copyright ©2021 MacPhail Center for Music. All rights reserved.

Copyright Infringement: Notice and Takedown Procedure

MacPhail responds to valid notices of copyright infringement that adhere to the requirements set forth in the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that constitutes copyright infringement, you may provide MacPhail a notice that contains all six points enumerated below (preferably via email).

Upon receipt of a valid notice, MacPhail will remove or disable access to the allegedly infringing content as well as make a good-faith attempt to contact the owner or administrator of the affected content so they may counter-notice pursuant to Sections 512(g)(2) and (3) of the DMCA.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Be aware that a notice must contain all six points for MacPhail to act. All other notices will be ignored.

MacPhail Center for Music
501 S 2nd St, Minneapolis, MN, 55401

Email: contact@macphail.org

Governing Law

“These terms and conditions are governed by the laws of the United States of America and the laws of the State of Minnesota.”

©2021 MacPhail Center for Music. All rights reserved.

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