The Music District LLC Terms of Use
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Thank you for visiting www.themusicdistrict.org (the “Website”), which is owned and provided by the Music District LLC (including its affiliates) (“The Company”). Your use and access of the Website is governed by and subject to the following terms and conditions (“Terms”). If you do not agree to these terms, or if you do not agree with our Privacy Policy, which is available here, please do not use the Website or any services offered by the Website.
BY ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS OF USE.
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.
Limited Use; Restrictions on Use— No other use of the Website or Materials is authorized. Framing of the Website or Materials or posting Materials on other websites is strictly prohibited. The use or misuse of any Materials, except as provided in the Terms of Use or in the Materials, is strictly prohibited. You shall not, without The Company’s express written consent: (a) distribute Materials to others, (b) copy and retransmit, disseminate, broadcast, circulate, or otherwise distribute the Materials on any other server, or modify or reuse all or part of the Materials on this system or any other system, (c) use any tradename, trademark, or brand name of The Company in metatags, keywords and/or hidden text, (d) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Materials, in whole or in part, for public or commercial purposes and shall not modify, translate, alter or create any derivative works thereof, (e) create derivative works from the Materials or commercially exploit the Materials, in whole or in part, in any way, and (f) use the Website, the Materials, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to The Company or any third party referenced therein. You shall use the Materials, and/or any services and products on the Website or accessible via the Website for lawful purposes only. We reserve all other rights. You do not acquire ownership rights to any Materials viewed or accessed, and The Company’s posting of the Materials on the Website does not constitute a waiver of any right in such Materials. You shall not alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Materials.
Acceptable Use
—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.
(c) The Website may include bulletin boards, blogs, chat rooms, comments sections, and other community forums which allow you to post information, provide feedback and comments, and otherwise interact with other users, either through postings or by interacting in real-time (the “Community Forums”). If the Website includes any Community Forums, the restrictions and obligations contained in this Section shall apply. The Company shall monitor the Community Forums on a regular basis for any readily apparent violations of these Terms of Use or illegal content and take down any content not in compliance with all applicable alcohol industry codes, rules and regulations, including without limitation, the Beer Institute’s Advertising and Marketing Code, the Code of Good Practice for Distilled Spirits Advertising and Marketing, the Wine Institute’s Code of Advertising Standards, the Beer Institute’s Advertising and Marketing Code and Buying Guidelines and DISCUS’ Code of Responsible Practices for Beverage Alcohol Advertising and Marketing and Buying Guidelines. Notwithstanding the foregoing, you acknowledge that The Company is under no obligation to edit or modify any information available in a Community Forum or decide any dispute or disagreement between posters and shall have no liability to you for any content posted in a Community Forum. You acknowledge that any opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Community Forums are those of their respective authors who are solely responsible and liable for their content. The Company reserves the right, in its sole discretion, to refuse to post or remove any material submitted or posted on the Community Forums.
Links—The Website may contain links allowing you to leave the Website for other sites that are not under our control (“Linked Site”). The Company provides the Linked Sites to you only as a convenience and does not endorse any Linked Sites. The Company is not responsible for the contents or transmission of any Linked Site or any link contained in a Linked Site or for ensuring that the Linked Sites contain no errors or viruses. The Company is not responsible for the terms of use or privacy practices of the Linked Sites or any link contained in the Linked Sites. Your linking to any Linked Site or any other offsite page or other site is entirely at your own risk. The Company encourages you to carefully read the policies of each site you visit.
Submitted Ideas—While The Company appreciates your interest in The Company and the Website, The Company does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except with respect to your personally identifiable information (as expressly provided for in the Privacy Policy), all comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website or in response to solicitations on the Website shall be deemed to be non-confidential and non-proprietary and shall be the exclusive property of The Company. Further, you understand and acknowledge that The Company employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that The Company is only willing to consider the suggestion on these terms. In any event, you acknowledge and agree that The Company assumes no obligation of confidentiality or nondisclosure, express or implied by considering your suggestion or idea. Without limitation, The Company shall exclusively own, and you hereby irrevocably transfer and assign to The Company, all now known or hereafter existing rights in and to the suggestion, and The Company shall be entitled to unrestricted use of the suggestion for any purpose whatsoever, commercial or otherwise without any form of compensation.
The Company Online Privacy Policy—The Company takes your privacy seriously. The Company’s online Privacy Policy is incorporated herein by reference and describes the collection, use, and sharing of certain personally identifiable information that may be provided in connection with the use of the Website. Please read and understand our Privacy Policy before using the Website.
United States Only— By using the Website, you agree and acknowledge that the Website is hosted in the United States and to the application of the laws of the United States and/or the State of Colorado with respect to any dispute arising from or related to the Privacy Policy and/or your use of the Website, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Colorado.
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.
Limitation of Liability—Your use of the Website is at your own risk. Neither THE COMPANY, its affiliates, nor any of their respective officers, directors, agents or other representatives will be liable for any damages, direct, indirect, incidental, consequential, special, or punitive, including, without limitation, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the Website or arising out of any action taken in response to or as a result of any Content or other information available on the Website, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply even if THE COMPANY was advised of the possibility of such damages. If you become dissatisfied in any way with the Website or its Terms of Use or Privacy Policy, your sole and exclusive remedy is to stop your use of the Website and its services. You hereby waive any and all claims against THE COMPANY and its affiliates, agents, representatives and licensors arising out of your use of the Website. Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of THE COMPANY and its affiliates shall not exceed one hundred dollars ($100.) The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The Website would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose.
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.
Ability to Accept Terms of Use—You affirm that you are more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use, and to abide by and comply with the Terms of Use.
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.
Assignment—The Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Company without restriction.
Notice— From time to time, The Company may revise the Terms of Use. To help you stay current of any changes, The Company takes the following step: The Company notes the date the Terms of Use was last updated below. Your use of the website following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy. The Company strongly recommends checking Terms of Use periodically. If, and only if, The Company makes revisions to the Terms of Use that result in a material lessening of the restrictions on The Company’s use or disclosure of your Personal Information, The Company will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information. If you disagree with the provisions of the Terms of Use at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in the Terms of Use. Continued use of the Website constitutes your agreement to the Terms of Use as in effect.
Miscellaneous—The Company’s failure to enforce any provision of the Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms of Use were last updated May 1, 2017.
Privacy Policy
This privacy policy for the Music District, describes the privacy practices for the Music District (the “Privacy Policy”). The purpose of this Privacy Policy is to inform you about the types of information we gather about you, including information gathered when you visit Music District’s website located at www.themusicdistrict.org, at Music District’s physical location, Music District’s social media pages, Music District’s mobile site or downloadable mobile applications (collectively, the “Site”), and information we may receive from third parties or affiliates, how we may use that information, whether we disclose that information to anyone, and the choices you have regarding our use of, and your ability to correct, the information. Music District strives to help visitors of the Site protect their privacy while using our Site. By using the Site, you expressly consent to the use and disclosure of information as described in this Privacy Policy.
How We Collect and Use Information
We may collect information in several ways by your use of this Site, as well as from forms you submit to us, or personal correspondence, such as emails or letters that you send to us. We may ask you to voluntarily provide us with personal information on this Site. In addition, when you log onto the Site, our servers may log your IP address, the URL of your request and other information that is provided in the HTTP header. Also, our third-party service providers may ask you voluntarily to provide personal information on their websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider’s privacy policies and not this Privacy Policy.
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”).
Like many other websites, the Music District may use cookies to customize content specific to your interests and track your use of the Site. “Cookies” are text files that are placed on your computer and may be used to store your personal information. In addition to cookies, the Music District may use other now known or later developed technologies, to assist Music District in observing the behavior of users visiting the Site. These technologies access individual user information but the information is used only to compile aggregated statistics about the Site’s usage.
This Site uses Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist the Music District in understanding how the Site is used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Site, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Site, compiling reports on Site activity for the Music District’s use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Site. The use of cookies by Google Analytics is covered by Google’s privacy policy.
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.
Sharing of Personal Information
Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Site. We may share your personal information with our affiliates or with select third parties who offer goods or services we think may be of interest to you. From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services or events and may share your personal information with our co-sponsor(s) and partners. Additionally, the Music District may provide your personal information to service providers or contractors to perform functions on its behalf, such as, but not limited to, companies or individuals hired to: communicate news, deliver Music District’s promotional materials via e-mail and direct mail, promote Music District ‘s social media presence and activities, to develop, enhance, market or provide any of Music District’s products, to process credit card payments and to assist the Music District with sending communications and performing other marketing and support functions. Also, the Music District may use third-party social media platforms, including third-party social media websites, to communicate with you.
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:
to a person who in the reasonable judgment of the Music District is seeking the information as an agent of the individual;
in situations where sharing or disclosing your information is required in order to offer you products or services you desire;
to a third party or parties, where disclosure is required or permitted by law;
if, in the reasonable judgment of the Music District, it is necessary enforce compliance with our internal policies or the Terms of Use or to protect our Site, customers, or others; and
to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of the Music District’s assets.
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.
Children’s 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).
How We Store Your Information
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.
Opt-Out From Mailings
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 info@themusicdistrict.org 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.
Third-Party Websites
This Privacy Policy applies solely to information collected by the Music District. This Privacy Policy does not apply to other websites that are accessible through this Site, including but not limited to any third-party websites that process payments on behalf of the Music District. Please be aware that third-party websites that process payments for the Music District and websites for our advertisers, sponsors, affiliated entities and other third parties that are accessible through this Site may have their own privacy and data collection policies and practices. The Music District is not responsible for the privacy practices of such sites and will not be responsible for any actions or policies of such third parties. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website that you visit.
Do Not Track
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.
Contact Us
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 info@themusicdistrict.org.
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TERMS OF USE OF SPACE AND/OR EQUIPMENT AT THE MUSIC DISTRICT
The following constitute the Terms of Use of Space and Equipment 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:
Definitions
“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 609, 619, 621, 627, 633 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 609, LLC, a Colorado limited liability company, 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.
“Participation” at the Music District shall mean any activity the Licensee engages in at the Music District.
Terms of Use of Space and Equipment
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 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.
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:
a) increase the rate of any insurance for the Music District Campus or the contents thereof, cause a cancellation of the insurance or affect the insurance in any other manner; b) cause physical damage to the Music District Campus or its Resources; c) impair the appearance, character or reputation of the Music District Campus or its Resources, in Music District’s Judgement; d) constitute a public or private nuisance; e) create waste in, on or about the Music District Campus or its Resources; f) violate any applicable common law, statute, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Real Property; g) violate any rule, regulation or Code of Conduct of The Music District now in effect and as may be amended from time to time. https://www.themusicdistrict.org/code-of-conduct/
Licensee acknowledges having received and reviewed a copy of the Music District Code of Conduct. Licensee agrees and warrants it shall not infringe on intellectual property rights of any third party, including, without limitation, rights of a copyright owner, in relation to its use of the Room and/or Equipment. Licensee is solely responsible for acquiring, and paying for, any rights from copyright holders related to its use of the Room and/or Equipment and paying any licensing fee required by an applicable performing rights society.
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. You acknowledge you have received and reviewed a copy of the Music District Code of Conduct.
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 including returning all chairs to the specified storage areas, all kitchenware to the kitchen area and removing all trash and recycling to appropriate receptacles. 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 cleaning (minimum $100), repairing 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. Ownership of Content. All content provided for or created in conjunction with participation in the Music District shall remain the property of the Licensee. Licensee shall own all audio recordings, videos and written materials created by the Licensee during participation, including photos taken specifically for the Licensee’s use. The Licensee represents and warrants that participation in the Music District shall be free from any content which infringes upon intellectual property rights of any third parties and that Licensee will take all reasonable commercial measures to ensure the same, including strictly requiring all submissions for participation in the Music District to be in compliance with this section. Licensee assumes all expense, cost and liability, including reasonable attorneys’ fees, associated with any content included in participation in the Music District violation hereof and agrees to indemnify, and hold harmless, the Music District therefrom.
7. Photographs and Video. Photographs and video may be taken at the Music District for use on the Music District website, social media channels, and in the press, among other non-commercial uses. By entering the Music District, the Licensee consents to the Music District photographing, videoing, and using their image and likeness and grants to the Music District, its affiliates and related entities the irrevocable and unrestricted right to use these photographs, video recordings, and other images without compensation, for promotional, editorial, and commercial use in print, online, and video-based communications materials, in perpetuity across the universe; and, in any and all other media, whether now known or hereafter existing. The Music District, its affiliate and related entities will not sell the Licensee’s photographs, video recordings or images. The Licensee consents to the distribution of their images by the Music District to third parties for their use unrelated to the Music District’s original use. The Licensee waives and releases any right to royalties or other compensation related to the use of any and all photographs, video recordings and other images. Additionally, the Licensee waives and releases the right to inspect or approve the finished product, including written or electronic copy.
8. 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.
9. Assignment. Licensee shall not assign or sublicense the right to use the Room and/or Equipment or any interest therein.
10. 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.
11. 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.
12. 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.
13. Assumption of Risk. Licensee accepts the Music District Campus and its Resources in as is condition with all faults. Licensee acknowledges that neither Music District nor Owners, nor their respective agents and employees, have made any representation or warranty with respect to the Music District Campus or its Resources, or the suitability of thereof for Licensee’s use. Licensee’s use of the Music District Campus and its Resources will conclusively establish that the Music District Campus and its Resources were at the time in a condition acceptable to Licensee. Licensee is solely responsible for the safety of Licensee and Licensee’s guests. Licensee assumes all risk of injury to such persons and damage to or loss of their property arising in, on or about the Music District Campus and its Resources from any cause whatsoever, except for any personal injury caused by the gross negligence or willful misconduct of the Indemnified Parties. Licensee shall promptly notify Music District if Licensee becomes aware of any fire or accidents in, on, or about the Music District Campus or its Resources and of defects therein or in the fixtures or equipment located therein. The Indemnified Parties will not be liable for: a) any damage to property entrusted to Music District or its agents or employees; b) any loss or damage to property occurring by theft or otherwise; c) any injury to persons or damage to property resulting from fire, explosion, falling plaster, steam, electricity, gas, water, or rain, which may leak or flow from or into any part of the Music District Campus or its Resources, from breakage, leakage, obstruction, or other defects of the pipes, sprinklers, wires, appliances, plumbing, HVAC, or lighting fixtures, or from any other cause whatsoever, whether the injury or damage results from conditions arising upon the Music District Campus or its Resources or from other sources; d) any injury to persons or damage to property resulting from any act or negligence of any other licensee, tenant or occupant of the Music District Campus or its Resources, or by any owner or occupant of adjoining or contiguous property; and f) any injury to persons or damage to property resulting in whole or in part from the criminal activities of others, such as theft, burglary, or vandalism, or from unauthorized persons gaining access to the Music District Campus or its Resources.
14. 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.
15. 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. Without limiting the foregoing, Licensee’s indemnification obligations herein shall specifically include any claims by third parties for infringement of intellectual property rights related to Licensee’s use of the Room and/or Equipment.
16. 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.
17. Keys and Fobs. Licensee shall return all keys and fobs to the Buildings and Room to The Music District upon the termination of this License. If Licensee fails to return all keys and fobs, Licensee hereby authorizes the Music District to charge $50 against Licensee’s credit card on file with the Music District.
18. 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.
19. 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.
20. 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.