Terms and Conditions
Acceptance of the Terms and Conditions
Welcome to the website of Cincinnati Song Initiative, an Ohio non-profit corporation (“Company,” “we,” “us,” or “our”). The following terms and conditions, together with any documents referred to in them (collectively, these “Terms”), apply to your access to and use of https://www.cincinnatisonginitiative.org, and any corresponding mobile application (collectively, the “Site”) and any content, links, functionality, features, products, services, materials, or other items (including, but not limited to, all information, data, software, text, displays, images, video, and audio, and the design, selection, and arrangement of them) offered or obtained on or through the Site (collectively, “Content”). The Company, its licensors, or content providers own all rights associated with the Site and Content.Please read the Terms carefully before you (“you” or “your”) use the Site. By visiting or using the Site, you agree to be bound and abide by these Terms. If you do not agree to these Terms, please exit the Site.
Changes to the Terms
We may revise and update these Terms from time to time in our sole discretion. You must check this page every time you use the Site to take notice of any changes we made, as they are binding on you. All material changes shall apply prospectively only. Any changes to the dispute resolution procedures set forth below shall not apply to any disputes for which you and the Company had actual notice as of the date the change was posted on the Site. If you continue to use the Site following the posting of revised Terms, then you agree to be bound and abide by any changes.Accessing the Site
a. Legal Age. If you are not of legal age to form a binding contract (in most jurisdictions, this is 18 years old), then you must get your parent or guardian to read these Terms and agree to them for you before you may use this Site or provide any information to us. You must review these Terms with your parent or guardian, so that you both understand how the Site works and what restrictions apply to your use of the Site.
b. Withdrawal, Amendment, or Unavailability of Site. We may withdraw, change, or amend this Site and its Content in our sole discretion at any time without notice. The Company will not be liable if, for any reason, the Site is unavailable at any time or for any period. You acknowledge and accept that any information provided by third parties may be out of date. The Company takes no responsibility to keep information from third parties current. From time to time, we may restrict access by you or other users to some parts of the Site, or the entire Site, or close the Site indefinitely.
c. User Responsibility. You will make all arrangements necessary for you to have access to the Site. You will ensure that all persons who access the Site through your internet connection are aware of these Terms, and that they comply with them.
d. User Information. We may require you to provide certain information as a condition for your access to the Site or some of the resources it offers. All information you provide on the Site must be correct, current, and complete upon which the Company may rely. You shall use caution when providing personal information on the Site from a public or shared computer so that others are not able to view or record your personal information.Restrictions on Use
a. Use of Site. You may use the Site only for lawful purposes and in accordance with these Terms. You shall not use the Site:
i. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries);
ii. For exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
iii. To transmit, or procure the sending of, any advertising, promotional material, or any other similar solicitation, without our prior written consent;
iv. To impersonate or attempt to impersonate the Company, another user, or any person or entity (including, without limitation, the use of e-mail addresses associated with any of the foregoing);
v. In any way that could disable, overburden, damage, or impair the Site or interfere with any other user’s use of the Site, including their ability to engage in real time activities through the Site;
vi. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or other users of the Site, or expose them to liability;
vii. With any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including to monitor or copy any of the Content on the Site;
viii. To monitor or copy any of the Content or for any other unauthorized purpose without our prior written consent;
ix. With any device, software, or routine that interferes with the proper working of the Site;
x. To introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
xi. To gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site;
xii. To attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or
xiii. Otherwise attempt to interfere with the proper working of the Site or its Content.
b. Geographic Restrictions. The owner of the Site is based in the State of Ohio in the United States. You understand and acknowledge that: (i) we provide this Site for use only by persons located in the United States; and (ii) access to the Site may not be legal by certain persons or in certain countries. We do not represent or warrant that the Site or any of its Content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, then you do so of your own initiative and must comply with any applicable laws in that jurisdiction.User IDs and Passwords
Certain areas or features of this Site may be restricted to users who have obtained a user identification and password by completing a registration process described on this Site. Please be sure to protect and maintain the confidentiality of any user identification, password, or other identifying information you may obtain in connection with your use of this Site or Content. You agree to notify the Company immediately if you believe your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised. You are solely responsible for all damages or claims that may arise from any access to or use of this Site or Content by any person to whom you have provided your user identification, password, or other identifying information, or by any person who has obtained such information from you, including but not limited to, any access to or use of this Site that may occur after you have notified us that your user identification, password, or other identifying information has been lost, stolen, or otherwise compromised.
Intellectual Property Rights
a. Ownership by Company. You understand and acknowledge that: (i) the Site and its Content are owned by the Company, its affiliates, or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws; (ii) the Company name, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates; (iii) all other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners; and (iv) no right, title, or interest in or to the Site or any Content on the Site is transferred to you. You shall not use these marks and other Content without the prior written consent of the Company or their respective owners. We reserve all rights not expressly granted in this section.
b. Restrictions on Use of Site Content. You may use the Site for your legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of the Company. You shall not:
i. Modify any Content from the Site;
ii. Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text;
iii. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content from the Site;
iv. Reproduce, sell, or exploit for any commercial purposes any part of the Site, access to the Site, or use of the Site or its Content; or
v. Use or access the Site in any way that, in our sole discretion, adversely affects or could adversely affect the performance, function, or intellectual property rights of the Site or any other system used by us or the Site.c. Request for Permitted Use. If you wish to make any use of Content on the Site other than that set out in this section, please submit your request through the “Connect” page of the Site. We may, in our sole discretion, choose whether to grant your request.
d. Unauthorized Use. If you print, copy, modify, download, or otherwise use any part of the Site in breach of these Terms: (i) we may terminate your right to use the Site immediately; and (ii) you must, at our option, return or destroy any copies of the Content you have made. You understand and acknowledge that any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Site Linking
a. Linking to the Site. You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You shall not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. If you engage in any unauthorized framing or linking, you shall cooperate with us and immediately cease such use. We may withdraw linking permission without notice.
b. Linking from the Site. You understand and acknowledge that: (i) if the Site contains links to other sites or applications and resources provided by third parties, these links are provided for your convenience only (including links contained in advertisements and sponsored links); (ii) we have no control over the contents of those sites, applications, or resources; (iii) if you decide to access any of the third-party websites or applications linked to this Site, you do so at your own risk and are subject to the terms and conditions of use for such websites and applications. You shall not hold us liable for the links or for any loss or damage that may arise from your use of them.Disclaimer of Warranties
THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SERVICES AND PRODUCTS OFFERED ON THIS SITE OR THOSE SERVICES AND PRODUCTS PROVIDED BY OUR AFFILIATES. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SERVICES AND PRODUCTS OBTAINED FROM USING THIS SITE.
THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS. THE COMPANY AND ITS AFFILIATES, TO THE FULLEST EXTENT PROVIDED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD-PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY, OR TIMELINESS OF THE CONTENT, INFORMATION, SERVICES, AND PRODUCTS PROVIDED ON OR THROUGH THE USE OF THE SITE. NO INFORMATION OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY THE COMPANY IN THESE TERMS OF USE.
Supplier Rules and Restrictions
Additional terms and conditions may apply to your purchase of services or merchandise. Please read these additional terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any affiliate with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the affiliate’s rules and restrictions.
Assumption of Risk
You assume all risk associated with your use of the Site or its Content. You shall implement sufficient procedures and checkpoints to satisfy your particular requirements for: (1) anti-virus protection; (2) accuracy of data input and output; and (3) maintaining external means to our Site for any reconstruction of any lost data.
Limitation on Liability
You agree that under no circumstances will the Company be liable to you or any other person or entity for any damages or injury, including any direct, special, incidental, consequential, or punitive damages, or any other damages or injury caused by error, inaccuracy, omission, interruption, defect, failure of performance, delay in operation or transmission, telecommunications failure, computer virus, or other problem that may result from the use of or inability to use this Site or Content.
You shall not hold the Company or its affiliates responsible or liable for such loss or damages regardless of whether they are caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. These exclusions do not affect any liability, which cannot be excluded or limited under applicable law.
Indemnification
You shall defend, indemnify, and hold harmless the Company and its affiliates from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms or your use of the Site or its Content other than as expressly authorized in these Terms or your use of any information obtained from the Site. If the Company suspects that you have breached these Terms, the Company may investigate the matter. You must hold harmless the Company from any and all claims arising out of: (1) any action taken by the Company during or as a result of its investigations; and (2) any actions taken as a consequence of investigations by either the Company or law enforcement authorities.
Governing Law
These Terms are governed by the laws of the State of Ohio, notwithstanding any conflict of law principles.
Dispute Resolution
Parties in dispute because of these Terms agree to submit to binding arbitration with a neutral arbitrator mutually agreed upon by the parties who has significant experience in the subject matter. If the parties to the dispute, making a good faith effort to mutually agree upon an arbitrator, fail to do so within 20 days, the parties agree the Company will select the arbitrator. The cost of the arbitrator will be born equally by the parties. The place of the arbitration will be Hamilton County, Ohio, and Ohio law will apply. The parties shall perform any award rendered by the arbitrator and agree that a judgment may be entered by any court having jurisdiction.
Limitation on Time to File Claims
You must commence any cause of action or claim you may have arising out of or relating to these Terms or the Site or its Content within one year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Waiver
The waiver, delay, or failure by the Company to exercise any right, power, or privilege granted by any provision of these Terms at any time shall not operate as a continued waiver or preclude the further exercise of any right, power, or privilege granted to the Company by that provision or any other provision of these Terms.
Severability
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall not be terminated but shall be modified to the maximum extent enforceable by law. If a provision cannot be modified to a satisfactory degree in the judgment of such court, the remainder of these Terms shall continue in full force and effect.
Entire Agreement
These Terms constitute the sole and entire agreement between you and the Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site and its Content.