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TERMS AND CONDITIONS OF USE

PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE.  By using this site, you signify your agreement with these terms and conditions of use.  We reserve the right to modify these terms and conditions at any time.  You should therefore check these terms and conditions periodically for changes.  By using this site after we post any changes to these terms and conditions, you agree to accept those changes, whether or not you have reviewed them.  If at any time you choose not to accept these terms and conditions of use, please do not continue to use this site.

Scope of Terms and Conditions

These terms and conditions apply to your use of this site, which is owned and operated by LeonardBernstein.com, Inc. ("LB.com").  Unless otherwise stated, these terms and conditions do not apply to your use of any affiliated or unaffiliated third-party sites to which this site may link.

Restrictions on Use of Materials

The contents of this site are protected by copyright, trademark and other such laws and are the property of LB.com and any and all other owners.  You may access the materials located on this site only for your personal use.  Personal use means you may download one copy of such materials on a single computer for personal non-commercial use only.  Under no circumstances may you change or delete any author attribution, trademark, legend or copyright notice.  When you download copyrighted material, you do not obtain any ownership or other rights in that material.  You may not in any way represent yourself or your own site as connected in any way with LB.com through the use of the intellectual property of LB.com or any of the other owners.

Except as stated above, without our prior written permission you may not otherwise modify, copy, publish, display, transmit (either electronically, mechanically, by photocopying, by recording device, or otherwise), adapt or in any way exploit the content of this site.  To seek our permission, please write to us at the following address:  LeonardBernstein.com, Inc. c/o Amberson, Inc., 25 Central Park West, Suite 1-Y, New York, New York  10023.  You may also be required to obtain permission from third parties owning or holding interests in certain content. 

Message Board and Register Postings

This site may contain services, such as message boards or registers, that allow you to upload (or "post") content related to Leonard Bernstein and his works.  Certain of these services may allow you, either directly or by emailing the site administrator, to post personal information, textual messages, pictures, and/or multimedia content.  By using these services, you signify that you will abide by the following code of conduct:

  1. You will not use the services to engage in any form of harassment or offensive behavior, including but not limited to the posting of communications, pictures or recordings that contain libelous, abusive or defamatory statements, or racist, pornographic, obscene, vulgar or offensive language.
  2. You will not forward chain letters, junk mail or "spam" through the services.
  3. You will not use the services to infringe the privacy rights, property rights or other civil rights of any person.
  4. You will not post content or otherwise use the services in any way which violates, plagiarizes or infringes upon the rights of any third party, living or deceased, including but not limited to any copyright or trademark law entitlement, privacy right, publicity right or other personal or proprietary right.  In addition, you will not post content that is fraudulent or that otherwise violates any law.
  5. You will not use the services to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or goods or services.
By posting any content on this site, you represent that you own all the rights necessary to reproduce the content or that the owner(s) of these rights has/have granted you (a) license(s) to do so.  In addition, you agree to assume all liability associated with the posting, holding LB.com harmless for any and all claims. derived from the reproduction   Such claims include but are not limited to copyright or trademark infringement, violation of any right of privacy or publicity, violation of any moral right or right of attribution, defamation, libel, harassment, fraud, and violation of any law against pornography or indecent material.  We may but are not obligated to monitor the content posted on this site in order to maintain the site or to protect our rights.  We may but are not obligated to delete, move, or edit content that we, in our sole discretion, feel violates the code of conduct set out above.  We also reserve the right to remove or edit, for any reason, any content that you post on the site.  

By posting any content on this site, you automatically grant (or warrant that the owner of(s) the rights in the content has/have expressly granted) to us (a) perpetual, irrevocable and non-exclusive license(s) to use the content, either on this site or on any other LB.com-owned site in any manner that we deem appropriate.  This(These) license(s) include(s) the right to reproduce, modify, adapt, translate or create derivative works from the content, so long as the resulting reproduction, modification, adaptation, translation or derivative work is used only in conjunction with this site or any other LB.com-owned site.  This license shall continue for the full term of any rights that may exist in the content.

Privacy

Notwithstanding the above, we will not give or sell personal information derived from the content you post on this site (e.g., your name, your e-mail address, your website's URL, or your picture) to anyone outside of LB.com.  We will only disclose such information to parties outside of LB.com if we are legally compelled to do so.

Whenever you decide to buy merchandise featured on this site, we will provide you with links to affiliated third-party retailers, who will inform you of their own terms and conditions and the method of payment encryption.

If you decide to post any content on a message board or register, you should be aware that you are disclosing this content to anyone else who will visit the message board or register.  This means that others will have access to any personal information that you post in these areas and that, if you provide your e-mail address or other contact information, you may receive messages from people that you do not know.

Links

We are not responsible for the availability of any third-party site to which this site links.  We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any third-party site, including but not limited to any affiliated third-party retailer.  Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any third-party site.  You should direct any concerns to the third-party site's administrator or webmaster.

Disclaimer of Warranties and Liability

The materials on this site are provided "as is" and without warranties of any kind, either express or implied.  We disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction or modification.   Neither LB.com nor any person involved in the creation, production and distribution of this site warrants that the functions and/or content contained in this site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components.  We do not warrant or make any representations regarding the correctness, accuracy or reliability of the materials contained in this site.

You expressly agree that use of this site is at your sole risk.  You expressly agree that neither LB.com, nor any of its respective employees or agents, nor any person or entity involved in the creation, production or distribution of this site is responsible or liable to any person or entity for any loss, foreseeable or unforeseeable damage (whether actual, consequential, indirect, punitive, special, incidental or otherwise), injury or claim of any kind or character based upon or resulting from the use of this site.  By way of example, and without limiting the generality of the foregoing, LB.com and related persons and entities shall not be responsible or liable for any claim or damage, whether based in contract, tort, statutory or other law, arising from failure of performance, inability of user to upload content, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, loss of data or unauthorized access to or alteration of personal records.   

We disclaim all warranties, express or implied, for the contents of and the goods and services provided by affiliated third-party retailers to which this site links.  In particular, we do not warrant any method of payment encryption or other security measure employed by an affiliated third-party retailer.  Any question, complaint, or claim with respect to the terms and conditions of use, the privacy policy, or the security policy of an affiliated third-party retailer site, or the quality of goods sold by such a site, should be directed to that site's administrator or webmaster and not to LB.com.  You expressly agree that LB.com is not responsible or liable to any person or entity for any loss, foreseeable or unforeseeable damage (whether actual, consequential, indirect, punitive, special, incidental, or otherwise), injury or claim of any kind or character based upon or resulting from the use of any affiliated third-party retailer site.

Indemnification

You agree to indemnify, defend, and hold LB.com, its officers, directors, employees, agents, licensors and suppliers harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these terms and conditions.

Miscellaneous

These terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law.  This site is controlled and operated by LB.com from its offices within the State of New York, United States of America.  We make no representation that materials in this site are appropriate or available for use in other locations.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in the County of New York, New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  If any of these terms and conditions are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions and will not affect the validity and enforceability of the remaining provisions.  Failure to enforce any of these terms and conditions shall not constitute a waiver of that provision.  This is the entire agreement between you and LB.com relating to the subject matter it contains.  This agreement may be modified only by our posting of changes to these terms and conditions or by a writing signed by both parties.  Any inquiries concerning these terms and conditions of use should be directed to us at the following address:  Leonard Bernstein.com, Inc. c/o Amberson, Inc., 121 West 27th St, Suite 1104 New York, NY 10001.