Last Modified: August 14, 2018
Musical Instrument Museum company (“MIM”, or “we”, “us”, or “our”, as applicable) provides MIM.org (together with all subdomains and related websites, the “Website”) for your information.
By using the Website or any related services, you agree to the following terms:
1. Amendment to Terms of Service
We reserve the right to amend these Terms of Service from time to time in our sole discretion, and will post and maintain the most recent version of these Terms of Service on the Website. We may not notify Website visitors of any such amendments by e-mail or other personal contact. You are responsible for reviewing these Terms of Service upon each visit to the Website. You can determine if the Terms of Service have been revised since your last visit by referring to the “Last Modified” date at the top of this document. By continuing to use the Website, you agree to abide by any amended Terms of Service.
2. Limited Right to Use the Website
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, and/or other intellectual property or proprietary rights laws. These Terms of Service permit you to use the Website solely for your own use, and not in connection with any service bureau, data scraping, or other commercial purposes. Our name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of us or our affiliates or licensors. Other than nominative uses, you must not use such marks without our prior written permission. The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Website (collectively, the “Materials”) are proprietary to MIM or its licensors. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, MIM. To inquire whether permission is available to use Materials, please contact licensing@MIM.org.
The Website may be used for educational and personal use that is non-commercial in nature, as outlined by Fair Use in title 17 of the United States Code (17 U.S.C § 107), as long as all copyright and proprietary notices are maintained, and materials are appropriately cited. For more information on Fair Use, please visit the U.S. Copyright Office’s Fact Sheet on Fair Use.
3. User Representations; Prohibited Uses
By using accounts and passwords on the Website, you agree to maintain the confidentiality of your login credentials and are responsible for restricting access to their personal computer and mobile devices. You agree to use the Website for lawful purposes only and will not participate in any action that will compromise the security of the Website or damage the Website and its content.
4. Limited Warranty
YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICES ON THE WEBSITE ARE ENTIRELY AT YOUR OWN RISK. ACCORDINGLY, THE WEBSITE AND SERVICES, INCLUDING ALL CONTENT, ITEMS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ITS FUNCTIONS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THE WEBSITE MAY NOT BE CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS TO US, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.
You agree to indemnify, defend, and hold MIM and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Website or any of its Materials.
6. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Neither MIM, its affiliates, trustees, directors, officers, employees, or agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages arising from or related to use of the Website, its content, and/or compilation.
7. Digital Millennium Copyright Act (DMCA)
For purposes of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §512(c)(2), MIM has designated an agent for notification of claimed infringement as follows: MIM, Attn: Image Licensing, 4725 E. Mayo Blvd, Phoenix, AZ 85050. MIM provides the above contact information for purposes of the DMCA.
8. Ticketing Policy
All sales and transactions are final. MIM does not offer refunds or exchanges. If guests are unable to attend a concert, tickets can be donated for a tax deduction by submitting this form. Donations must be made before the start of the performance.
9. Choice of Law
These Terms of Service, all matters arising from or relating to your use of the Website, and any and all claims arising out of your relationship with MIM are governed by the laws of the State of Arizona, excluding its conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods, and the 1974 Convention on the Limitation Period in the International Sale of Goods, as amended, are specifically excluded from applicability to these Terms of Service. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Maricopa County and the State of Arizona, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
10. Severability; Survival
If any part of these Terms of Service is declared unlawful, void or for any reason unenforceable by any court in any jurisdiction, then such term will be deemed severable from the remaining terms in such jurisdiction and will not affect the validity and enforceability of such remaining terms. Headings are for reference purposes only and do not limit the scope or extent of such section. All provisions in these Terms of Service regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of this Agreement.
11. General Provisions
The failure by either party to exercise or enforce any rights or provisions of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service, including any other applicable terms and conditions or rules that govern your use of individual services, which are either incorporated herein by specific reference or posted on the Website from time to time, comprises the entire agreement between you and MIM and supersedes any and all prior agreements regarding the subject hereof. These Terms of Service are binding upon and inure to the benefit of the respective successors and assigns of the parties. These Terms of Service are solely for the benefit of MIM and you, and shall not be construed for the benefit of any third party.