THESE TERMS OF USE ARE AN AGREEMENT BETWEEN YOU AND Kevin Albright (“theSightReadingProject”). PLEASE READ THESE TERMS OF USE CAREFULLY. These Terms of Use apply to the following website, with homepage located at: www.thesightreadingproject.com (the “Website”). “You” or “your” refers to the person using any of this Website. These Terms of Use describe the rules that apply to your use of the Website. theSightReadingProject may change these Terms of Use at any time, and such changes will be posted on the Website and are effective as of the time of such posting. By using any of this Website you agree to abide by the most current version of the Terms of Use. theSightReadingProject may change the features of this Website at any time. You understand that theSightReadingProject may discontinue or restrict any visitor’s use of these Websites for any reason or no reason without notice.
1. Ownership and Use of Materials. The materials on these Websites belong to theSightReadingProject or certain third parties. There are some important rules about copying these materials. You may download or print one copy of the materials on these Websites, but only for your personal, noncommercial use. When you download or print a copy of the materials on this Website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page. The materials on these Website are protected by United States copyright laws. If you use the materials in a way that is not clearly allowed by these Terms of Use, you are violating your contract with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use the materials and you must immediately destroy any copies you have made. Title to the materials remains with us or with the authors or owners of the materials contained on this Website. All rights not expressly granted are reserved.
2. License to Your Excerpts, Postings and Messages. Excerpts and Messages as Part of School Assignments. If you are using this Website as part of a program with your school, or if you sign up to enroll in certain classes, then you understand and agree that we may share your personal information, including information regarding your excerpts, exercises and use of this Website, with your authorized teacher and school, and parent or guardian if applicable. Performances, Postings and Messages Generally. Multiple public and non-private sections of the Websites allow you (now, or in the future for some functionalities) to post messages, musical excerpts and communicate with other users. In addition, some individuals may choose to provide theSightReadingProject with feedback, comments and ideas. The files posted through the Website by teachers as part of school assignments as described above, all recordings, items, data, or other materials submitted by you or transmitted by you through the Websites (collectively, “Postings and Messages”) will be considered non-personal, non-confidential, and non-proprietary. You hereby grant theSightReadingProject a perpetual, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, modify, create derivative or collective works, transmit and distribute your Postings and Messages, and agree that theSightReadingProject is free to use such Postings and Messages for any purpose and in any medium. You further grant theSightReadingProject the right to sublicense or assign any of the foregoing rights to others. In addition, you grant a license to all members of the Websites to print one (1) copy of your Postings or Messages for their personal use only.
3. Responsibility for Postings and Messages. All Postings and Messages appearing on the Websites are the responsibility of the person providing such Posting or Message. theSightReadingProject is not responsible for the contents of any Posting or Message. theSightReadingProject does not in any way endorse the contents of any Posting or Message, nor does it guaranty the accuracy or completeness of any Posting or Message. You agree that theSightReadingProject is not responsible or liable to you or to any third party that may obtain rights through you for any loss or damage of any kind resulting from or related to any Posting or Message including any use or reliance by you upon any Posting or Message. You are advised that Postings or Messages may be false or misleading. Any action you may take in reliance on any Posting or Message appearing on these Websites is solely at your own risk.
4. User Conduct. You agree to follow the conduct rules listed below. If you fail to follow these conduct rules, theSightReadingProject may, in its sole discretion, terminate or suspend your status as a registered user, in addition to pursuing any other legal and equitable remedies including but not limited to money damages.
5. Notification of Violations by Others. If you are aware of any improper behavior by any other user of the Websites, please report this information to us immediately at this email address..
6. Editorial Control. theSightReadingProject may, at its sole discretion, remove any posting at any time and for any reason. theSightReadingProject reserves the right, but does not have any obligation, to monitor Postings and Messages.
7. Links to Other Websites. These Websites may contain links to websites operated by other parties, or display information or materials regarding products or services offered by other parties. These other sites and other parties are not under the control of theSightReadingProject, and theSightReadingProject is not responsible for the content available on any other Internet sites linked to the Websites or any action or inaction of any third parties. theSightReadingProject does not endorse or warrant the goods or services of any third party. You may visit other linked websites or engage in business with any third party at your own risk.
8. Contact Us. If you have questions or comments about this Website, or if you wish to contact us for any reason, we may be reached at: albrightk@gmail.com. Our mailing address is: 1404 Hill Ave, Melbourne, FL 32940.
9. Advertising. These Websites may include advertisements for products or services offered by other companies. theSightReadingProject may receive payment from these advertisers. Although theSightReadingProject believes you may find the information offered by advertisers to be helpful, theSightReadingProject does not endorse or guaranty any product or service offered by advertisers.
10. Disclaimers and Limitation of Liability. ALL CONTENT ON THESE WEBSITES IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THESIGHTREADINGPROJECT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THESE WEBSITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITES AND THE CONTENT AVAILABLE ON THE WEBSITES IS AT YOUR SOLE RISK. THESIGHTREADINGPROJECT MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITES IS FREE OF VIRUSES. THESIGHTREADINGPROJECT SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITES, EVEN IF THESIGHTREADINGPROJECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITES, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITES OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITES, OR RELATED INFORMATION OR PROGRAMS. THIS SECTION SURVIVES EXPIRATION OR TERMINATION OF YOUR MEMBERSHIP OR THESE TERMS OF USE.
11. Indemnity. You agree to indemnify, defend and hold theSightReadingProject, its managers, employees representatives and assigns (collectively, “Affiliates”) harmless from and against any and all costs, liabilities, losses, and expenses (including, but not limited to, reasonable attorneys’ fees) resulting from any claim, suit, action, or proceeding brought by any third party against theSightReadingProject or its Affiliates alleging or arising from or related to your use of the Websites or any breach of these Terms of Use by you. This paragraph survives expiration or termination of your membership or these Terms of Use.
12. Geographic Scope. The Websites are operated by theSightReadingProject from its offices in Florida, U.S.A. theSightReadingProject welcomes visitors from around the world, however theSightReadingProject makes no representation or warranty that the contents of the Websites are appropriate or permitted by the laws and regulations of countries other than the U.S.A. If you choose to access the Websites from other countries you do so at your own risk, and are responsible for compliance with applicable local laws. By sending any information to this Website, you understand and agree that such information is sent to and processed by a United States entity.
13. Choice of Law/Disputes. You hereby agree that the only proper jurisdiction and venue for any dispute with theSightReadingProject, or in any way relating to your use of these Websites, is in the state and federal courts in the State of Florida, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving theSightReadingProject or its Affiliates and agents. Any claims relating to the information, services or products available on these Websites will be governed by the laws of the State of Florida, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to these Terms of Use or your use of the Websites will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. This paragraph survives expiration or termination of these Terms of Use. 14. Miscellaneous. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You may not sell, assign, or otherwise transfer your membership or any right you have under these Terms of Use. theSightReadingProject may assign or transfer its rights with regard to your membership and these Terms of Use. theSightReadingProject’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive theSightReadingProject’s right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof, except that if you enter into any other written agreement with theSightReadingProject, these terms are in addition to the terms of such other agreement. This paragraph survives expiration or termination of these Terms of Use.