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Terms and Conditions

By accessing this website (the "Site") in any manner, you are agreeing to accept and comply with the terms and conditions of use as stated below (the "Terms of Use"), which may be updated by AFM-EPF ("we" or "us") from time to time without notice to you, and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site. You should visit this page periodically to review the then-current Terms of Use. We may, in our sole discretion, terminate your access to the Site at any time and without notice, including without limitation due to any violation by you of these Terms of Use.

Modifications to the Site

We reserve the right from time to time to make modifications and changes to the Site, including but not limited to discontinuing, temporarily or permanently, the Site, any portion thereof or any service provided therein or offered by us, with or without notice. You agree that we shall not be liable to you or to any other party for any changes and modifications to the Site.

Site Registration and Log In

To access certain features or areas of the Site, you may be required to provide personal and/or demographic information as part of a site registration or log-in process. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information, so that we can reliably contact you). The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.

By accessing and/or using the Site, you are responsible for all activity occurring when the Site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.

Rules of Conduct

There are a few rules of conduct that you are required to follow when you use the Site:

  • Do not "harvest" (or collect) information from the site using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so).
  • Do not use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site.
  • Do not obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you.
  • Do not "flood" the Site with requests or otherwise overburden, disrupt or harm the Site or its systems.
  • Do not circumvent or reverse engineer the Site or its systems.
  • Do not restrict or inhibit another user or users from using and enjoying the Site.
  • If you email us or submit any information of any kind to the Site ("Submissions"), do not submit anything that:
    • infringes any third party intellectual property right (such as copyrights),
    • is defamatory (i.e., something that is negative and untrue about another person or entity),
    • divulges another person's or entity's confidential or private information or trade secret,
    • is fraudulent, unlawful, threatening, harassing, abusive, obscene, or discriminatory,
    • encourages criminal conduct,
    • advertises or solicits business for products or services other than those that are offered and promoted on this Site, or
    • contains any virus, malware, spyware or other harmful content or code.
You also must comply with all applicable laws and contractual obligations when you use the Site.

Limited Right of Use/Ownership of Contents

The contents of and materials published on the Site (the "Contents") are intended for the personal, noncommercial use of its users; any use of the Contents for a purpose not expressly authorized herein without our prior written permission is strictly prohibited. All Contents are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by us or the other party credited as the provider of such Contents.

Except as specifically set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content or software forming part of the Site in whole or in part.

You grant us and our affiliates a non-exclusive, royalty-free, perpetual, worldwide license to use any Submissions, including alterations thereof, for our business purposes. You represent that Submissions are original to you and that you have the right to grant us these rights.

Linking Policies

The Site may contain links to other websites. Such links are provided for your convenience only, and you access them at your own risk. We are not responsible for, and do not endorse, the content of any such sites, or the products and services sold on them, nor do we take responsibility for the accuracy of any such sites. When you visit a linked site you should read the terms of use and privacy policy that govern that particular linked site.

We welcome links to this Site so long as: (i) this Site opens in a new browser window which displays the full version of a page of this Site (e.g., not merely one of its frames, and not an "in-line" link to a particular image or object on this Site), (ii) the link to this Site does not state or imply any sponsorship of your website or service by us or by this Site; and (iii) this Site is not display framed within or obfuscated by other content. You may not use on your Site any trademarks, service marks or copyrighted materials appearing on this site, including but not limited to any logos, without our express written consent. We reserve the right to revoke your right to link to this Site upon notice. If you receive such a notice from us, you agree to discontinue your link to the Site.

Indemnification

You agree to indemnify, defend and hold AFM-EPF and its officers, directors, employees, members, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including without limitation reasonable attorneys’ fees and expenses, incurred by the Indemnified Parties in connection with any claim arising from your use of this Site, your Submissions, or any violation of these Terms of Use, or applicable law, by you or by someone accessing the Site via your account. You agree to cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of any of the Indemnified Parties or requires the taking of any action by any of them, without our prior written approval.

Disclaimer of Warranties/Limitation of Liability

You expressly understand and agree that:

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED ON "AS IS", "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT ANY SERVICE PROVIDED THROUGH THE SITE WILL (i) MEET ANY OF YOUR REQUIREMENTS, (ii) BE TIMELY, SECURE, UNINTERRUPTED, FREE FROM ERROR OR OMISSION, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (iii) THE SITE OR THE INFORMATION TRANSMITTED TO OR FROM IT OR STORED ON IT WILL BE SECURE FROM UNAUTHORIZED ACCESS, OR (iv) PROVIDE RESULTS OR INFORMATION THAT WILL BE USEFUL, ACCURATE OR RELIABLE, NOR THAT ANY ERRORS IN THE OPERATION OF THE SITE, INCLUDING THE OPERATION OF ANY SOFTWARE, WILL BE CORRECTED.

WE HEREBY EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR THE CONTENT AND POLICIES OF ANY THIRD PARTY WEBSITE WHICH MAY BE LINKED BY OR TO THE SITE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR ANY COMPONENT CONNECTED THERETO, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD (INTENTIONAL OR OTHERWISE) OF ANY SUCH MATERIAL.

THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.

IF YOU ARE DISSATISFIED WITH THIS SITE, OR ANY MATERIALS, PRODUCTS, OR SERVICES ON THIS SITE, OR WITH ANY OF THE SITE'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS, SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE (OR THE SERVICES PROVIDED THROUGH, OR THE CONTENT, MATERIALS AND FUNCTIONS PROVIDED AS PART OF THE SITE), WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL OR OTHERWISE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITY, LOST SALES, LOSS OF GOODWILL OR REPUTATION, OR ANY OTHER INTANGIBLE LOSS, AND WHETHER ARISING UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES.

Miscellaneous

These Terms of Use constitute the entire agreement between you and us and govern your use of the Site and any services offered through the Site. This agreement supersedes any prior terms of use or other agreements concerning the subject matter hereof between you and us.

Except as governed by federal law, these Terms of Use and the relationship between you and us shall be governed by, and construed and enforced in accordance with, the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the County, City and State of New York for the resolution of any disputes arising out of or relating to these Terms of Use or the Site.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO USE OF THIS SITE, OR THESE TERMS OF USE, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE PERMANENTLY BARRED.

You agree that, except as expressly provided herein, there shall be no third party beneficiaries of these Terms of Use and the agreements contained herein.

The failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver shall be enforceable unless in writing and signed by the party against whom enforcement is sought.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the other terms and conditions of these Terms of Use shall remain in full force and effect.

The headings in these Terms of Use are for convenience only and have no legal or contractual effect.

The entire Site is Copyright © 2016 AFM-EPF. All rights reserved.

Last updated: June 1, 2017


American Federation of Musicians and Employers' Pension Fund