PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
BY USING THIS WEB SITE OR OUR APPLICATION OR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS.
USE BY MINORS
Children under the age of eighteen (18) years old are not eligible to use the MusicFirst service without the consent and supervision of a parent or guardian. We request that minors not submit any personal information to us in an attempt to register, or use the site in any way without the permission and guidance of their parents or guardians as required by State and Federal law. If you attempt to access our site or register without the requisite permission MusicFirst reserves the right to terminate all future access.
Use of the MusicFirst service is open to all eligible students, teachers, and administrators, as determined by MusicFirst in its sole discretion, however certain services and/or sections of the website require registration. You hereby warrant and represent that any personal and/or identifying information provided during registration is true and correct. You may not (i) select or use as a User ID the name of another person with the intent of impersonating that person, (ii) use as a User ID a name subject to any rights of a person or entity other than yourself without the appropriate authorization, or (iii) use as a User ID a name that is otherwise offensive, vulgar or obscene, as defined by MusicFirst and determined in its sole discretion without the requirement of explanation. MusicFirst reserves the right to refuse and/or cancel the registration of any user based upon its sole discretion and without the need for explanation. You shall be responsible for maintaining the confidentiality of your MusicFirst password and account information. By registering with the site, you represent and warrant that you are at least eighteen (18) years old or have the authorization of a parent or guardian described above.
MusicFirst respects the intellectual property of others, and we ask our registered members to do the same. MusicFirst may, in appropriate circumstances and at its discretion, terminate the accounts of registered members who infringe the intellectual property rights of others.
You agree that you are solely responsible for the content or information you publish or display (hereinafter, “post”) on MusicFirst. You will not post any defamatory, inaccurate, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy or publicity). You will use MusicFirst in a manner consistent with any and all applicable laws and regulations. By posting information on MusicFirst, you warrant and represent that the information is truthful and accurate.
You will not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights and except as otherwise permitted by law.
By creating and posting content to MusicFirst, you warrant and represent that you own all rights to the content or have acquired the necessary license(s). By submitting, posting, or displaying content on MusicFirst, you give MusicFirst a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any content, which you submit, post, or display on or through, the website. You agree that this license includes a right for MusicFirst to make such content available to other companies, organizations or individuals with whom MusicFirst has relationships or to use the same in marketing and advertisements. If you upload content for general distribution, such as by sharing a lesson plan, the license you grant hereby includes the right of subsequent users to make use of that plan. You confirm and warrant to MusicFirst that you have all the rights, powers, and authority necessary to grant the above license.
Unless otherwise indicated, all website materials, including, without limitation, the MusicFirst logo, and all designs, text graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of MusicFirst or its licensors, or reproduced and displayed pursuant to a license granted by a user who uploaded the same. You may electronically copy and print to hard copy portions of this website for the sole purpose of using materials it contains for informational and non-commercial use. Reproduction for purposes other than described above, modification, replication, display or performance – without the prior written permission of MusicFirst is strictly prohibited.
MusicFirst.com, the MusicFirst logo, and any proprietary product or service names contained on this website are either trademarks or registered trademarks of MusicFirst or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MusicFirst. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of MusicFirst, and may not be copied, imitated or used, in whole or in part, without the prior written permission of MusicFirst. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
MusicFirst may elect to electronically monitor areas of this service and may disclose any content, records, or electronic communications of any kind to satisfy any law, regulation, or government request, if such disclosure is necessary or appropriate to operate this website, or to protect the rights or property of MusicFirst, its independent contractors, service providers, consultants, sponsors, licensors, or the public. MusicFirst retains the right, but not the obligation, to monitor and edit or remove any activity or content that it deems in its sole discretion to be harmful to users, MusicFirst, or the rights of any third party, or to violate any applicable law.
In accordance with the Digital Millennium Copyright Act of 1998, MusicFirst will respond expeditiously to claims of copyright infringement committed using this website. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by contacting MusicFirst via email to: [email protected] (please include DMCA Infringement Notification Dept. in the subject line). Include in your email the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• the direct link of the image in question (the direct link is found underneath the picture, in the form of a URL;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the poster of the affected content. If you feel that your material does not constitute infringement, you may provide MusicFirst with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at [email protected] that sets forth all the necessary information required by the DMCA. Please not that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.
LINKING TO MUSICFIRST
You are hereby granted a limited, non-exclusive right to create a hyperlink to this website provided such link does not portray MusicFirst or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame, or utilize framing techniques to enclose any MusicFirst trademark, logo, or other proprietary information, including the images found at this website, the content of any text, or the layout/design of any page or form contained on a page without MusicFirst’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a MusicFirst name, trademark, or product name without MusicFirst’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise in or under any patent, trademark, trademark, copyright, or proprietary right of MusicFirst or any third party. MusicFirst makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of websites linking to this website.
THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. MUSICFIRST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MUSICFIRST DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION ABOUT MUSICFIRST PROVIDED BY THIRD PARTIES, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. MUSICFIRST DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Content posted by users of MusicFirst, including, but not limited to, lesson plans, lesson materials, exams, assignments, and links is posted without review by MusicFirst and MusicFirst maintains no responsibility to review such content before it is posted to this website. The MusicFirst service and any and all user-generated content may include material or content that some users may find offensive or inappropriate and MusicFirst makes no representation or warranty of any kind as to the decency or appropriateness of any and all material contained in or access through this website.
POSTED LINKS AND EMBEDDED FILES
MusicFirst or its users may provide links to webpages and content of third parties (“Third-Party Content”) as a service to those interested in this information. MusicFirst does not monitor, nor does it have any control over any Third-Party Content. MusicFirst does not endorse or accept any Third-Party Content and can make no guarantee as to its accuracy or completeness. MusicFirst makes no representations or warranties of any kind regarding such Third-Party Content, or any information contained therein, and undertakes no responsibility to update or review any Third-Party Content. When leaving MusicFirst, you should be aware that MusicFirst’s terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL MUSICFIRST OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS WEBSITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM MUSICFIRST, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OF ANY FAILURE OR PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MUSICFIRST’S RECORDS, PROGRAMS, OR SERVICES.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MUSICFIRST (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF MUSICFIRST EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO MUSICFIRST FOR ACCESS TO OR USE OF THIS WEBSITE.
SEVERABILITY AND NON-WAIVER
Notwithstanding the preceding provision, but without limiting MusicFirst’s right to seek injunctive or other equitable relief in any court of competent jurisdiction, any disputes arising with respect to this agreement shall be referred to an arbitrator affiliated with JAMS. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, who shall jointly select a third arbitrator to resolve the dispute. The written decision of the arbitrator shall be final, confidential, and binding on the parties. The arbitration proceeding shall be carried on and heard New York using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under these Terms or Use, the prevailing party will be entitled to recover costs and attorneys’ fees.
This Agreement is not transferable. Any assignment, transfer, or sale of this Agreement or any right to interest herein, without prior written consent shall not be binding upon the parties.
NO AGENCY OR JOINT VENTURE
Nothing contained herein shall be construed to create the relationship of employer and employee or to create a partnership or joint venture between MusicFirst and any of its users.
MusicFirst will not be liable for any delay in service of its website resulting from any cause beyond its reasonable control or caused by acts of God, acts of civil or military authorities, priorities, fires, strikes, floods, epidemics, governmental rules or regulations, war, riot, delays in transportation or shortages.
This Agreement constitutes the entire Agreement between the user and MusicFirst concerning the use of this service, and cancels and supersedes any prior understandings and agreements between the parties hereto. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, expressed, implied or statutory, between the parties other than as expressly set forth in this Agreement.
QUESTIONS AND CONTACT INFORMATION
General questions or comments about MusicFirst’s service may be directed to Support at [email protected].
NOTICE CONCERNING MINORS
Minors (as defined under the laws of THEIR jurisdiction or residence) are not eligible to use these services without the express permission and/or supervision of their parent or guardian. MusicFirst does not knowingly collect personal information from any minor without parental consent, and we will not use this information if we discover that it has been provided without such consent. This site and service has been designed so that student users are not required to disclose their contact information. Parents and teachers are encouraged to discuss these policies and online safety practices with their children and students.
This policy will let you know:
• What personally identifiable information MusicFirst collects from you;
• What we do not do;
• What cookies are and how MusicFirst use them;
• How MusicFirst uses your information and with whom your information is shared;
• MusicFirst’s policy regarding linked websites;
• What your choices are regarding collection, use, and distribution of your information;
• What MusicFirst’s policy is on allowing you to update, correct, or delete your personally identifiable information;
• What security precautions are in place to protect the loss, misuse, or alteration of your information;
• How long your personal data is kept;
• What else you should know about your privacy;
• When this policy is effective and how and when changes may be made.
What personally identifiable information does MusicFirst collect from you?
MusicFirst collects information in several ways. Some personal information is gathered when you register for an account. When submitting a request for an account, MusicFirst asks for your first and last name and asks that you create a unique user name and password. For teacher, administrator, and teacher accounts MusicFirst will also request your email address and/or other contact information. When using the service MusicFirst may passively collect your GPS location through your device. Some of this information is necessary to take advantage of our services; some of the information that is collected is used to improve our services and offer targeted services announcements.
What are some things we do NOT do?
We do not and will not, at any time, request your credit card information, login name, or password, in an unsecure or unsolicited e-mail or telephone communication and we will not request the contact information, including email, of a minor. Additionally we will not request any confidential or personal information through social networking sites, including, but not limited to, Twitter, LinkedIn, Pinterest, FourSquare, and Facebook.
What happens when you call or write to our Customer Service?
When you call or write to our Customer Service, we may collect contact information, such as name, phone number, mailing address and/or e-mail address to process a service request. No such information will be collected directly from a minor.
What are cookies and how does MusicFirst use them?
Estimate our audience size - Each browser accessing MusicFirst may be given a unique cookie which is then used to determine the extent of repeat usage and to help target advertisements based on user interests and behavior.
Monitor our services – It may be necessary from time to time for MusicFirst to monitor and/or track site usage as part of an internal audit of our services. Portions of this audit may be performed through the use of temporary cookies placed on your computer by the MusicFirst site.
Facilitate login – Cookies may be used to collect and store login information to facilitate future logins.
Some cookies used by MusicFirst are strictly necessary and essential in order to enable you to move around the site and service and use its features. Without these cookies, services you have asked for cannot be provided; they are deleted when you close your browser. Performance cookies are used to collect information in an anonymous form about how visitors use the service. MusicFirst may also use your IP address to help diagnose problems with its server and to improve its service and may perform IP lookups to determine which domain you are coming from to more accurately gauge user demographics. Information received in these forms is not combined with other information about you from any other source.
DO NOT TRACK. MusicFirst does not respond to Do Not Track Requests.
How does MusicFirst use your information and with whom is your information shared?
MusicFirst’s primary goal in collecting personal information is in providing you the best service possible through its site. The majority of information that is collected about you is for the purpose of verifying account registration and delivering relevant services and announcements.
MusicFirst may retain your account information for as long as permitted by law and as long as is necessary to permit you to use our services without the requirement of resubmitting the same information.
Except as provided herein, MusicFirst shall not sell, rent, trade or otherwise transfer any personal and/or traffic data or communications content to any third party without your explicit permission, unless it is obliged to do so under applicable laws or by order of the competent authorities
Your information may be used to effect a corporate transaction, in connection with the sale, merger, spin-off or other corporate reorganization of our corporation, where the information is provided to the new controlling entity in regular course of business. In the event of such an occurrence, every effort will be made by MusicFirst to inform you of the transfer of your personal information.
Your information may be disclosed as is required by our insurers and by regulatory agencies or to employees, contractors, consultants, and agents of MusicFirst to perform necessary actions in the normal course of business. No more information than is required in these circumstances will be provided.
What about linked websites?
MusicFirst’s web pages and applications may contain links that will let you leave the MusicFirst service and access another website. These “linked websites” are not under the control of MusicFirst and it is possible that these websites have different privacy policies. This policy applies solely to personal information that is acquired on this website (MusicFirst.com) and through the MusicFirst application and service. MusicFirst accepts no responsibility or liability for your use or disclosure of personal information to linked websites.
What are your choices regarding collection, use, and distribution of your information?
The disclosure of very limited personal information is required to create an account on our site, which is required to access certain services. If you do not wish to disclose the requisite information you are free to discontinue use of the MusicFirst website and service.
You also have choices with respect to cookies. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject all cookies MusicFirst may not be displayed or function in the way intended by MusicFirst.
What is MusicFirst’s policy on allowing you to update, correct, or delete your personally identifiable information?
If you wish to update, correct, or delete any of the information about you stored by MusicFirst you can do so by visiting the account settings on your account profile. For all other information changes or requests, please send an inquiry to [email protected].
What security precautions are in place to protect the loss, misuse, or alteration of your information?
MusicFirst shall take the appropriate organizational and technical measures to protect the personal information and IP data provided to it or collected by it necessary to comply fully with any and all applicable laws, obligations, and regulations.
Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, MusicFirst cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems.
How long is your personal information stored?
MusicFirst will retain your personal information and IP information as long as is permitted by applicable laws and regulations.
What else should you know about your privacy?
If you choose to use the MusicFirst website and service you should be aware that any information transmitted electronically via the World Wide Web or wirelessly might not be secure. MusicFirst assumes no liability for the loss of any information that you transmit to us via the World Wide Web.
When is the effective date of this policy, and what about future modifications?