Terms of Use Policy
By accessing and using www.mostlymarimba.com (the “Web Site”), you are agreeing to be legally bound by these Terms of Use.
1. GENERAL
You may not use the Web Site for any unlawful purpose. Marimba Productions, Inc. (“MPI “) may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use each time you access the Web Site, before you begin using the Web Site. You may print a copy of these Terms of Use for your reference.
You understand and agree that MPI may discontinue or change the Web Site at any time, without notice. You also understand and agree that MPI may discontinue or restrict your use of this Web Site for any reason without notice.
2. COPYRIGHT AND LIMITATIONS ON USE
The content displayed on the Web Site (“Content”) is the property of MPI or its licensors, and is protected by copyright and other intellectual property laws. This Web Site and the Content may be used only for your personal and non-commercial use. You agree not to copy, reproduce, modify, display, perform, publish, translate, create derivative works based upon or store any Content from the Web Site. You also agree not to distribute, transmit, broadcast or circulate any Content from the Web Site to anyone, including but not limited to someone else in the same company or organization, without the express prior written consent of MPI, with this one exception: You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content, for a noncommercial purpose and without charge, to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site, the original source attribution, and the phrase “Used with permission from www.mostlymarimba.com a web site from Marimba Productions, Inc.” However, you may not post any Content from the Web Site to forums, newsgroups, mail lists, electronic bulletin boards or other web sites, without the prior written consent of MPI. To request consent for other matters, you may contact MPI by visiting www.mostlymarimba.com. The Web Site includes facts, views, opinions and recommendations of consultants, individuals and organizations deemed of interest. MPI and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations.
3. DISCLAIMER OF WARRANTIES AND LIABILITY
Due to the number of sources from which the Content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED. MPI AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATION WITH RESPECT TO OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE WEB SITE, OR THE WEB SITE ITSELF, AND MPI HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER MPI NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT ON THE WEB SITE. IN NO EVENT WILL MPI, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE. MPI AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
4. LINKS TO THIRD PARTY SITES
This Web Site contains hyperlinks to web sites operated by persons other than MPI. Such hyperlinks are provided for your reference and convenience only. You agree not to hold MPI responsible for the content or operation of such web sites. A hyperlink from this Web Site to another web site does not imply or mean that MPI endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Web Site.
If you wish to make purchases from an area of the Web Site or a “co-branded” web site operated by a person other than MPI (a “Co-Branded Site”), you may be asked by the merchant or operator of the Co-Branded Site or other person from whom you are making the purchase to supply certain information, including credit card, debit card or other payment mechanism information. You agree not to hold MPI liable for any loss or damage of any sort incurred as a result of any such dealings with any Co-Branded Site or merchant or operator of the Co-Branded Site or other person from whom you are making the purchase. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. Each Co-Branded Site will contain a description of the site’s privacy policy regarding any personal identifying information you may be required to disclose as part of the purchase.
5. ADDITIONAL LEGAL TERMS
These Terms of Use, your rights and obligations and all actions contemplated by these Terms of Use will be governed by the laws of the United States of America and New Jersey, as if these Terms of Use were a contract wholly entered into and wholly performed within New Jersey. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding this Web Site and its Content, and supersede any prior or contemporaneous communications between MPI and you regarding this Web Site and its Content.
6. US GOVERNMENT END USERS
The software and documentation available on this web site are “commercial items,” as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
Copy Policy
Our policy is to post NOTHING that could in any way reduce the earnings of any of our contributors, composers, product designers or others employed in our music community. We are all professional musicians (or want to be!) and we support ourselves and our families with our musical earnings.
Professionally recorded CD’s or downloads will not be purchased as frequently if full-length free recordings or posts are available. This hurts performers who go to great expense to produce high quality recordings, as well as composers, engineers and sellers of music products. Following that logic, we have a policy that all postings must ENHANCE the potential earnings of musicians, not hurt. Thus, full-length performances are generally barred from this site. Clinic discussions are representative of what the artist would present in much greater detail and with much great impact IN PERSON. If you enjoy a clinic presentation, hire that artist. If you enjoy a performance excerpt, buy his/her CD or go hear that artist LIVE in concert. Support live music. Support living, working musicians.
About downloading published music…
Illegal, unpaid downloads (or worse yet – unauthorized uploads!) are as dangerous to working musicians as the photocopy machine is to the composer or song writer. Ethical musicians do not steal from other musicians. Sleep well at night: get permission from the copyright holder prior to recording or making arrangements. NEVER upload someone else’s creation without their permission.