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The Company has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
(1) change or terminate all or any part of our services;
(2) restrict or terminate your access to all or any part of our services; or
(3) refuse, move, or remove any content that is available on the Website and any material that you submit to the Website.
Intellectual Property Ownership—
All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website (the “Materials”) are owned by The Company or used with permission or under license from a third party (hereinafter collectively referred to as the “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between The Company and you, all right, title and interest in and to the Materials will at all times remain with The Company and/or its Owners. The Company reserves all other rights. Except as expressly provided herein, nothing on the Website shall be construed as conferring any license under The Company’s and/or its Owners’ intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, The Company may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
—Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
(a) You shall not use the Website to engage in any of the following activities: transmitting, uploading, or downloading, any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature.
(b) You shall not: (i) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Website; (ii) remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Website; (iii) “frame” or “mirror” any portion of the Website, or link to any Material other than via the homepage of the URL located at www.themusicdistrict.org or the URLs provided by us to you for such purposes, without our prior written authorization; (iv) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website; or (v) harvest or collect information about or from users of the Website without their express consent and, if such consent is provided, only pursuant to applicable law. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and The Company reserves the right to terminate a user’s access to the Website.
Disclaimers—Without limiting the foregoing, the Content and all other features on the Website are provided to you “AS IS” and “AS AVAILABLE” without warranty of any kind with respect to the Website and/or Content, either express or implied, including but not limited to, fitness for a particular purpose, title, or non-infringement. Should applicable law not permit the foregoing exclusion of express or implied warranties, then THE COMPANY hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from THE COMPANY, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section. Additionally, THE COMPANY does not make any warranties that the Website will be uninterrupted, secure or error free or that your use of the Website will meet your expectations, or that the Website, Content, or any portion thereof, is correct, accurate, or reliable. THE COMPANY reserves the right to change any part of the Website at anytime without notice.
SPECIAL NOTICE FOR NEW JERSEY USERS
BY USING THIS SITE, YOU: (A) ASSUME ALL RISK OF LOSSES OR DAMAGES RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE; (B) IRREVOCABLY WAIVE ALL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) THAT MAY OCCUR AS A RESULT OF YOUR USE OF THIS SITE; (C) EXPRESSLY AGREE TO RELEASE AND DISCHARGE THE COMPANY, AND ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION RESULTING, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THIS SITE; AND (D) YOU VOLUNTARILY WAIVE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST THE COMPANY FOR LOSSES OR DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, INCLUDING ANY CLAIM BASED ON ALLEGED NEGLIGENCE ON THE PART OF THE COMPANY AND ITS AGENTS AND EMPLOYEES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY.
Choice of Law and Enforcement—Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of Colorado, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.
No Framing; Links; Third Party Sites—Framing, in-line linking or other methods of association with the Website are expressly prohibited without prior written approval from The Company.
No Archive – Notwithstanding anything contained herein, the functionality provided to you by the Website and The Company’s systems, networks and servers are not an archive and The Company shall have no liability to you or any other person for loss, damage, or destruction to any information submitted to or via the Website.
We collect two types of information: personally identifiable information and non-personally identifiable information. Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). We also may collect information that by itself typically cannot be used to identify or contact you, such as demographic information (e.g. age, profession or gender), IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Site (“Non-Personally Identifiable Information”).
Personally Identifiable Information we collect may include your name, email addresses, postal addresses, ZIP code, telephone number, credit card information, date of birth, gender, age, user name and password, and other information either desirable or necessary to provide quality services to our customers and visitors. We may also collect information about you such as your use of the Site and communication preferences.
To the extent we are able to do so, we may link your Non-Personally Identifiable Information with your Personally Identifiable Information. We may also link information collected online with information we collect offline or that is collected online by third parties.
The Music District may use the information collected from you to provide services which you have requested from us. We may also use your personal information to send you targeted messages, publications, news, and information about events, special offers, promotions and benefits. Music District may use third-party service providers to send and distribute e-mail and to perform other marketing and support functions. We may use information we collect from you to improve the content of this Site, to enhance users’ experiences when visiting this Site, and to customize the content and layout of this Site for each individual user.
We also may share with third parties aggregated demographic and statistical information that is not personally identifiable.
The Music District also may disclose an individual’s personal information:
The Music District may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.
Through the Site, the Music District may make available areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas, or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.
The Music District does not knowingly solicit or collect personal information on the Site from children under the age of 13 without prior verifiable parental consent. If the Music District learns that, despite these measures, a child under the age of 13 has submitted personally identifiable information to the Music District through the Site, it will take reasonable measures to delete such information from its records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
The Music District is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. After you have submitted your information online to the Music District, we recommend that you end your browser session before leaving your computer. In spite of these protections, the Music District cannot guarantee the security of any data submitted over the Internet. After your information reaches Music District, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties.
From time to time, you may receive periodic mailings, telephone calls or e-mails from the Music District with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from or on behalf of the Music District. If at any time you wish to stop receiving emails or mailings from Music District please send us an email to email@example.com with the phrase “Privacy Opt-out: Music District Mailings” in the subject line, or write to us at the address provided below, and we will remove you from the Music District’s mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most promotional e-mail messages from the Music District.
Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals to express your preferences regarding online tracking. However, because there is not yet a defined response to do-not-track requests, our Site does not respond to your browser’s do-not-track request. As noted above, third parties, such as our advertising partners, may collect data that relates to you. We cannot control third parties’ responses to do-not-track signals or other such mechanisms. Third parties’ use of data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.
If you would like to update or correct your information or modify your communication preferences, or if you have questions regarding this Agreement or the use of information collected, you can contact us at firstname.lastname@example.org.
The following constitute the Terms and Conditions under which the Music District is willing to permit you to use a room and/or equipment at the Music District in Fort Collins Colorado:
“Music District” means and refers to Music District, LLC, a Colorado limited liability company.
“Licensee” means and refers to you. If you are an entity, the term “Licensee” shall include the entity, its officers, directors, shareholders, members, managers, and partners as the case may be. Regardless of whether you are a natural person or an entity, the term “Licensee” shall include all agents, employees, guests and invitees of the Licensee. You are responsible and liable for the actions of your agents, employees, guests and invitees.
“Real Property” means and refers to the real property commonly known as 619 and 639 South College Avenue, Fort Collins, Colorado.
“Buildings” means and refers to all Buildings and other improvements presently located or subsequently constructed on the Real Property.
“Owners” means and refers to South College 619, LLC, a Colorado limited liability company, and South College 639, LLC, a Colorado limited liability company. The Owners are the owners of the Real Property and Buildings. The Real Property and Buildings are leased by the Music District.
“Room” means and refers to the room within a Building that you desire to use for composing, rehearsing, producing and/or performing music.
“Equipment” means and refers to equipment owned by the Music District that you desire to use in composing, rehearsing, producing and/or performing music.
“Releasees” means and refers to the Music District, its members, managers, affiliates, agents, employees and their respective heirs, personal representatives, successors and assigns.
“Dispute” means and refers to any and all disputes and disagreements arising out of these Terms and Conditions, including disputes concerning the construction, interpretation, violation or enforcement of any of these Terms and Conditions
“License” shall mean the granting of permission to use a Room and/or Equipment on the following Terms and Conditions.
Terms and Conditions
1. Permission to Use the Room and/or Equipment. The Music District hereby grants permission to Licensee to use the Room and/or Equipment subject to the following Terms and Conditions. The Music District is granting a license to Licensee to use the Room and/or Equipment on the following Terms and Conditions. The violation of any Term or Condition shall be considered material and substantial and the Music District shall have the right to revoke its permission to use the Room and/or Equipment and terminate this License immediately upon the violation of any one or more of the following terms and conditions.
2. Acceptance of the Room and/or Equipment. Licensee has inspected the Room and/or Equipment and accepts the Room and/or Equipment as is, in its present condition, and with all faults. The Music District makes no representations or warranties whatsoever concerning the condition of the Room and/or Equipment or the fitness of the Room and/or Equipment for any particular purpose.
3. Use of the Room and/or Equipment. Licensee may use the Room and/or Equipment for composing, rehearsing, producing and/or performing music and for no other purpose. Licensee shall not use the Room or Equipment, or any part thereof, or permit any part of the Room and/or Equipment to be used, or permit any act whatsoever to be done in the Room, the Buildings or on the Real Property, that would: (i) violate or make void or make ineffective any policy of insurance; (ii) cause damage to the Room or Equipment; (iii) violate any applicable common law, statute, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Real Property; (iv) violate any rule, regulation or Code of Conduct of The Music District now in effect and as may be amended from time to time. Licensee acknowledges having received and reviewed a copy of the Music District Code of Conduct.
4. Drugs, Alcohol and Tobacco. The use or possession of drugs, alcohol and tobacco within the Room, the Building, or on the Real Property is expressly prohibited. “Drug” means any controlled substance as defined in Section 102 of the Controlled Substance Act (21 U.S.C. 802), which includes marijuana. There shall be absolutely no smoking of tobacco, marijuana or any other substance within the Room, the Buildings or on the Real Property.
5. Care and Maintenance of the Room and/or Equipment. Licensee shall treat the Buildings, Room and Equipment with the utmost care. Upon termination of this License, Licensee shall return possession of the Room and Equipment to the Music District in the same or better condition than existed at the commencement of this License. Licensee shall not remove any Equipment from the Buildings without the express written consent of the Music District, which consent may be granted or withheld in the sole and absolute discretion of the Music District. Licensee shall not cause or permit any damage to be done to the Room or Equipment, the Buildings or the Real Property and any damage caused by Licensee shall be repaired (or in the case of the Equipment if it cannot be repaired, replaced) by the Music District. Licensee shall be charged for all costs and expenses incurred in repairing such damage or replacing the Equipment. Licensee hereby expressly authorizes the Music District to charge the costs and expenses incurred in repairing such damage or replacing the Equipment against Licensee’s credit card on file with the Music District.
6. Defects; Defective Conditions; Acts of Third Party. The Music District shall not be liable to Licensee for any damage or injury to Licensee or any personal property of Licensee occasioned by any defect or defective condition on or about the Real Property, Buildings, Room and/or any defect in the Equipment or occasioned by the act or omission of any third party or from any other cause whatsoever, except the gross negligence or intentional acts of the Music District, its agents or employees.
7. Assignment. Licensee shall not assign or sublicense the right to use the Room and/or Equipment or any interest therein, without the written consent of the Music District which consent may be granted or withheld in the sole and absolute discretion of the Music District; and any assignment or sublicensing without such written consent shall, at the option of the Music District, terminate the License herein granted.
8. Inspection. The Music District shall have access to the Room and/or Equipment, and each part thereof, at any time for the purpose of inspecting the Room and/or Equipment.
9. No Landlord/Tenant Relationship. Nothing contained in these Terms and Conditions shall operate or be construed to create the relationship of landlord and tenant between the Music District and Licensee under any circumstances whatsoever.
10. No Partnership. The Music District does not, in any way or for any purpose, become partners with Licensee or a member of a joint enterprise with Licensee.
11. Assumption of Risk. Licensee has requested permission to use the Room and/or Equipment with full knowledge of the risks, hazards, and dangers involved in the use of the Room and/or Equipment and hereby assumes and accepts any and all risks of property damage, injury, illness, death, or emotional pain and suffering arising out of, as a result of, on account of or in connection with the use of the Room and/or Equipment, except such loss or damage as may be due to the gross negligence or willful acts of the Music District, its agents or employees.
12. Waiver, Release, and Covenant Not to Sue. Licensee hereby waives, releases, forever discharges and covenants not to sue the Releasees from any and all claims and liability for any and all loss, cost, expense (including attorney’s fees) and damages arising out of, as a result of, on account of, or in connection with any damage to or loss of personal property or any personal injury, illness, paralysis, death, emotional pain and suffering arising out of the use of the Room and/or Equipment, except such loss or damage as may be due to the gross negligence or willful acts of the Music District, its agents or employees.
13. Indemnification. Licensee agrees to indemnify and hold harmless the Releasees, from any loss, liability, damage, cost, or expense, including attorney’s fees, which the Releasees may incur as a result of Licensee’s use of the Room and/or Equipment, except such loss or damage as may be due to the gross negligence or willful acts of the Music District, its agents or employees. Licensee shall indemnify the Releasees against any and all cost, liability, or expense arising out of or as a result of any claim made by any person or persons whatsoever by reason of the use or misuse of the Real Property, Buildings, Room and/or Equipment by Licensee and shall indemnify the Releasees against any loss, cost, expense, penalty, damage, or charge incurred by reason of any violation of any law, ordinance, rule, or regulation of any governmental authority having jurisdiction over the Real Property by Licensee.
14. Construction and Interpretation. Licensee expressly acknowledge that the foregoing Assumption of Risk, Waiver, Release, Covenant Not to Sue, and Indemnification provisions are intended to be as broad and inclusive as permitted by law and that if any portion thereof is held invalid or unenforceable, the balance of these Terms and Conditions shall remain in full force and effect. The Assumption of Risk, Waiver, Release, Covenant Not to Sue, and Indemnification provisions may not be rescinded, modified, cancelled, or revoked for any mistake.
15. Keys. Licensee shall return all keys to the Buildings and Room to The Music District upon the termination of this License. If Licensee fails to return all keys, Licensee hereby authorizes the Music District to charge $50 against Licensee’s credit card on file with the Music District.
16. Miscellaneous Provisions
(a) Notices. Any notice required or desired to be given pursuant to these Terms and Conditions shall be in writing and may be personally delivered; mailed, certified mail, return receipt requested; sent by telephone facsimile with a hard copy sent by regular mail; sent by a nationally recognized receipted overnight delivery service for earliest delivery the next business day; or sent by electronic mail with a hard copy sent by regular mail. Any such notice shall be deemed given when personally delivered; if mailed, three (3) delivery days after deposit in the United States mail, postage prepaid; if sent by telephone facsimile or electronic mail, on the day sent if sent on a business day during regular business hours (9 a.m. to 5 p.m.) of the recipient, otherwise on the next business day; or if sent by overnight delivery service, one (1) business day after deposit in the custody of the delivery service.
(b) Application of Colorado Law. These Terms and Conditions and the application or interpretation hereof, shall be governed exclusively by the laws of the State of Colorado.
(c) Amendment. These Terms and Conditions may not be modified, amended or supplemented, except by written instrument signed by both parties.
(d) Construction. Licensee expressly acknowledges and agrees that Licensee is under no obligation whatsoever to accept these Terms and Conditions. In the event of an ambiguity or question of intent or interpretation arises concerning these Terms and Conditions, no presumptions or burden of proof shall arise favoring either party by virtue of the authorship of these Terms and Conditions.
(e) Interpretation. When a reference is made in these Terms and Conditions to an article, section, paragraph or clause such reference shall be deemed to be to these Terms and Conditions unless otherwise indicated. The headings contained in these Terms and Conditions are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms and Conditions. Whenever the words “include,” “includes” or “including” are used in these Terms and Conditions, they shall be deemed to be followed by the words “without limitation.” Whenever the singular number is used in these Terms and Conditions and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa. All pronouns and variations thereof shall be deemed to refer to masculine, feminine, neuter, singular, or plural as the identity of the person or persons may require. In the event of any conflict or inconsistency between these Terms and Conditions and any other document executed or otherwise accepted by Licensee, these Terms and Conditions shall control and supersede the terms and provisions of all other documents executed or otherwise accepted by Licensee.
(f) Waivers. No failure to exercise and no delay in exercising any right, power or privilege under these Terms and Conditions shall operate as a waiver, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the exercise of any other right, power or privilege. No waiver of any breach of any of these Terms and Conditions shall be deemed to be a waiver of any preceding or succeeding breach of the same or any other Term or Condition, nor shall any waiver be implied from any course of dealing between the parties. No extension of time for performance of any obligations or other acts required to be performed under these Terms and Conditions shall be deemed to be an extension of the time for performance of any other obligations or any other acts.
(g) Rights and Remedies Cumulative. The rights and remedies provided by these Terms and Conditions are cumulative, and the exercise of any one right or remedy by the Music District shall not preclude or waive the right to exercise any or all other rights or remedies. Said rights and remedies are given in addition to any other rights the Music District may have by law, statute, ordinance, or otherwise.
(h) Severability. If any of these Terms and Conditions or the application thereof to any person or circumstance shall be declared invalid, illegal, or unenforceable to any extent, the remainder of these Terms and Conditions and the application there of shall not be affected and shall be enforceable to the fullest extent permitted by law.
(i) Voluntary. Licensee expressly represents and warrants that before accepting these Terms and Conditions, Licensee had: (a) fully informed himself or herself of the terms, contents, conditions and effects of these Terms and Conditions; (b) relied solely and completely upon his or her own judgment in accepting these Terms and Conditions; (c) had the opportunity to obtain the advice of counsel before accepting these Terms and Conditions; (d) acted voluntarily in accepting these Terms and Conditions.
(j) Entire Agreement. These Terms and Conditions sets forth the entire understanding between the parties regarding the subject matter hereof and all prior agreements, understandings and conversations regarding the same are merged herein.
17. Binding Arbitration. All Disputes shall be submitted to binding arbitration pursuant to the Colorado Uniform Arbitration Act (CRS §13-22-201, et seq.). The arbitration shall be conducted in Fort Collins, Colorado at a location selected by the Music District. The arbitrator shall be selected by the Music District from the Judicial Arbiter Group, Inc. in Denver, Colorado. The arbitrator shall award to the party that substantially prevails in the arbitration all costs and expenses incurred by such party, including the cost of the arbitration, the arbitrator’s fee and such prevailing party’s reasonable attorney’s fees. The final decision of the arbitrator may be enforced in any court of competent jurisdiction.
18. Binding Effect. These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors, and to the extent permitted, assigns.
By accepting the terms and conditions stated above, Licensee agrees to leave the space they are renting in the same condition it was in prior to the Licensee’s event. All chairs must be returned to the specified storage area; all glasses, cups, plates and utensils returned to the kitchen area; trash and recycling removed; and any spills cleaned. If the space is not returned to it’s original state, Licensee’s credit card will be charged with a $100 cleaning fee.