By accessing this website and any content or services contained herein, you agree to be bound by the Groupmuse Terms of Service, which include, but are not limited to:
- Your agreement not to sue Groupmuse, hosts, musicians and attendees.
- Your agreement to indemnify others to the extent they experience losses arising out of, or related to, your use of this website and its content or services.
- Your agreement to conduct yourself in accordance with the Groupmuse Community Standards and applicable law.
- Your acknowledgement of certain intellectual property rights and responsibilities.
This is only a summary of the Groupmuse Terms of Service. Please read the actual agreement that controls your use of this website and any content or services contained herein.
Your Conduct and Communication. You agree to comply with Groupmuse Community Standards published from time to time by Groupmuse, PBC. (as used herein, "Groupmuse", "our", "us" or "we"), applicable law and contractual obligations (including, but not limited to, these Terms of Service) when you use this website and any content or services contained herein.
You are solely responsible for any content you post to this website. Furthermore, you represent and warrant that such content (a) is not fraudulent, (b) does not infringe on others rights, (c) does not violate any law, statute, ordinance or regulation and (d) does not contain any viruses, automated means of access, data gathering or extraction tools or other computer programming routines intended to damage, interfere with, intercept or expropriate any system, data or information.
At all events hosted, sponsored, promoted, arranged, organized or provided, in whole or in part, by Groupmuse (each, a "Groupmuse Event"), please drink responsibly and with moderation. Groupmuse takes no responsibility, and assumes no liability, for damages that result to persons or property from the consumption of alcoholic beverages or controlled substances at Groupmuse Events.
You agree that, in the event that we determine, in our sole discretion, that the content you post on the website, your behavior at a Groupmuse Event or your general character or demeanor contravenes, violates or is otherwise inconsistent with the Groupmuse Community Standards or any foreign, federal, state or municipal laws, we reserve the right to suspend, temporarily or indefinitely, your account on the Website and restrict your access to any Groupmuse Events by delivering notice thereof to the email address linked to your account on the Website. Such notice may provide that you are restricted, temporarily or indefinitely, from creating a new account on the Website or attending any Groupmuse Event, in either case, in circumvention of such suspension or restriction. Furthermore, you agree that you shall be bound by such suspension or restriction and not contest such suspension or restriction in any forum other than directly with Groupmuse.
Summary: Abide by laws and act decently when using our website and attending events.
Our Responsibility for Conduct and Communication. We do not control the material that you or others may post or otherwise make available on this website and you acknowledge that you are solely responsible for assessing the credibility of others' posts. We have no obligation to monitor, edit or delete such material. However, we reserve the right do so. We are not a publisher of user posts and we are not responsible for their accuracy or legality.
Pursuant to 47 U.S.C. Section 230(d) as amended, Groupmuse hereby notifies you that parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g., http://en.wikipedia.org/wiki/List_of_content-control_software).
Summary: We are not responsible for how others use our website.
Applicable Law. Hosts, collaborators, musicians, venues, promoters and other affiliates of Groupmuse (collectively, "Groupmuse Affiliates") are solely responsible for complying with any foreign, federal, state or municipal laws (including, but not limited to, alcohol, venue, occupancy and other safety laws) applicable to any Groupmuse Event. If you are a Groupmuse Affiliate, you represent and warrant to Groupmuse, its users, customers, their guests and other Groupmuse Event attendees (collectively, "Groupmuse Patrons") and other Groupmuse Affiliates, by your use of this website, that you are in compliance with such laws and have obtained any permits, consents, approvals or licenses that may be required under such laws in connection with, or arising out of, your role as a Groupmuse Affiliate. If you are a Groupmuse Affiliate or Groupmuse Patrons, you agree and acknowledge that Groupmuse shall have no liability whatsoever for any Groupmuse Affiliate's noncompliance with such laws, and Groupmuse Affiliates agree to indemnify, protect, hold harmless and defend Groupmuse from any losses arising out of their noncompliance with such laws.
Summary: We're doing our best to help, but our affiliates are responsible for following local laws, including alcohol and safety laws.
Intellectual Property. The design of this website and its content are the property of Groupmuse and are protected by copyright, trademark and other intellectual property laws. You may use this website and any content or services contained herein for your own personal, non-commercial use. You may not resell or commercially exploit such content, nor may you download or copy such content for the benefit of a third party.
The display of any trade names, trademarks, service marks, logos or domain names on this website does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos or domain names.
Groupmuse takes no responsibility and assumes no liability for any content posted by you or any third party. If you download or print a copy of the content for personal use, you agree to retain all copyright and other proprietary notices contained therein.
Unless you provide written notice otherwise, if you submit or post any materials or content to us, you grant us and our affiliates a royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, for our business purposes, in any form, in any media and via any technology we choose, whether it exists now or is created in the future. You represent that such materials and content posted or otherwise submitted by you to the website are original to you and that you have the right to grant us these rights. We agree that we will only utilize such materials and content in accordance with our mission and values.
Summary: You can't use or download Groupmuse's content for commercial purposes. Groupmuse is not liable for any content you post to the website.
Reservation Policy. Groupmuse Events (including, but not limited to, programs, artists, locations and times) are subject to change. If a Groupmuse Event is cancelled or postponed, we will use best efforts to announce the change by electronic communication if time permits. Groupmuse is not responsible for reservations made through unauthorized third parties such as brokers or online outlets. Reservations made with third parties may not be valid or usable for admittance and we cannot replace or refund lost or stolen third party reservations. We are unable to contact holders of reservations made through third parties regarding program changes or cancellations.
Summary: Plans change. We'll do our best to resolve things, but sometimes we can't do anything about it, particularly if such plans were made through a third party.
Linking and Framing. This website may contain hyperlinks to websites operated by persons or entities other than Groupmuse and websites operated by persons or entities other than Groupmuse may contain hyperlinks to this website (collectively, "Linked Websites"). Such hyperlinks are provided for your reference and convenience only. We are not responsible for, and do not endorse, the content or operation of Linked Websites. You are solely responsible for determining the extent to which you use any content or services contained in Linked Websites. We strongly encourage you to become familiar with the terms or conditions of use and practices of Linked Websites. You may not frame or utilize framing techniques to enclose any content without the express written consent of Groupmuse.
Summary: We are not responsible for links that took you here, or links here that take you to another page.
Procedure For Making Copyright Infringement Claims. The Digital Millennium Copyright Act provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under United States copyright law. If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on this website in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice to [email protected]
Please include the following information in your written notice: (a) a detailed description of the copyrighted work that is allegedly infringed upon; (b) a description of the location of the allegedly infringing material on the website; (c) your contact information, including your address, telephone number and, if available, email address; (d) a statement by you indicating that you have a good faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent or the law; (e) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
Summary: Think we are inappropriately using your content? Tell us and we will probably take it down.
International Visitors. Groupmuse makes no representation or warranty that content or services on this website are appropriate or available for use in locations outside the United States. If you access this website from outside the United States, you are responsible for compliance with local laws.
Summary: Countries regulate the internet differently. We are not responsible for your compliance with foreign laws applicable to your use of this website.
Release and Indemnification. You agree to release, discharge and relinquish Groupmuse and its partners, officers, directors, employees, agents, sponsors, subsidiaries, users, performance attendees, hosts and musicians and each of their respective affiliates (each, an "Applicable Party") from and against any and all claims, demands, judgments, losses, deficiencies, damages, liabilities, costs and expenses of any kind (including, but not limited to, attorneys' fees, costs of settlement and costs of litigation or mediation) incurred in connection with, arising out of or related to your use of this website and any content or services contained herein, including, but not limited to, your (a) reservation to attend a performance, (b) actual attendance or participation in a performance, (c) commitment to host a performance, (d) actual hosting of a performance, (e) commitment to perform, (f) actual performance or (g) any product or service related thereto (collectively, "Losses"), as applicable.
Furthermore, at your sole cost and expense, you agree to indemnify, protect, hold harmless and defend each Applicable Party from any Losses incurred in connection with, arising out of or related to your use of this website and any content or services contained herein, including first party claims and any claims in connection with, arising out of or related to any Applicable Party's negligence. Groupmuse may participate in the defense of any claim or action at your expense and any negotiations for settlement. Groupmuse reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder.
Summary: You agree not to sue Groupmuse, hosts or musicians. If we are sued because of you, you will reimburse us, though we may retain control of the matter.
Claim Limitation. You agree that, regardless of any law to the contrary, any claim or cause of action that you may have in connection with, arising out of or related to this website and any content or services contained herein, including these Terms of Service, is permanently barred unless filed by you within one year after the date such claim or cause of action accrued and was discovered or should have been discovered.
Summary: Yes, you cannot sue us. But you definitely cannot sue us more than a year after the occurrence of the basis of your suit.
Summary: Contracts are predominantly governed by state law. Because our core operations are based in New York, we chose New York law, and that may apply to you (wherever you are).
Last update: March 1, 2018