TERMS OF SERVICE

Welcome to KadmusArts.com. The following are the rules (“Terms of Service”) that govern use of the KadmusArts.com website (“Site”). By using or visiting the Site, you expressly agree to follow these Terms of Service and all applicable laws and regulations governing the Site. KadmusArts Corporation (“KadmusArts” or “we”) owns and operates the Site. We reserve the right to change these Terms of Service at any time, effective immediately upon posting on the Site. By continuing to use this Site after we post changes, you will be indicating to us that you accept those changes.

Permitted Use

The content on this Site is protected by U.S. and international copyright, trademark and other laws. You agree that you are only authorized to visit, view, and retain a copy of pages of this Site for your own personal use, in accordance with these Terms of Service.

USE VOID WHERE PROHIBITED

Use of the Site is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to abide by these Terms of Service.

Access to the Site; User Registration

You may view the content on this Site, including the festival listings, reviews, artist interviews, KadmusArts Forum and KadmusArts Blog, without registering as a user. You may also subscribe, without registering as a user, to receive updates on the areas of this Site of interest to you, provided that your web browser is enabled to receive “ RSS” feeds.

In order to take advantage of certain features on the Site, however, you will be required to register as a user on this Site. For example, you will be required to register as a user if you wish to post a comment to the KadmusArts Forum or the KadmusArts Blog.

To register as a user, you will be asked to select a username and password, and to provide your email address and other information. KadmusArts's use of any personal information that you provide to KadmusArts.com during the registration process is governed by KadmusArts's privacy policy. We reserve the right to refuse a username that, in our opinion, is vulgar or otherwise offensive, may be illegal, or otherwise creates confusion. By registering as a user, you agree to take full responsibility for maintaining the confidentiality of your username, password, and all activity that occurs under your username. If you violate these Terms of Service, KadmusArts may, at our discretion, terminate your registration, remove or modify any content or access related to your registration, or take any other action that KadmusArts believes is appropriate.

User Code of Conduct

You agree that you will not use the Site:

Messages You Post to the Site

The messages that you post to the KadmusArts Forum and the KadmusArts Blog can be accessed and viewed by others. You may only post messages to the Site that you have created or otherwise have permission to use. You may not post messages that violate these Terms of Use. We do not claim ownership of any messages that you may post. However, by posting a message to the Site, you grant to KadmusArts and our affiliates an assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, and digitally perform your message for any purpose and in any media now known or hereafter developed.

No Duty to Monitor

KadmusArts has the right, but not the obligation, to monitor the Site or any posts or other materials that you or other users post on the Site, including the KadmusArts Forum and the KadmusArts Blog. We reserve the right to remove material from this Site for any reason, but are not responsible for any failure or delay in removing such material.

Downloading Files

The Site makes available files, such podcasts, audio files and transcripts of interviews, for you to download (“Download”). The Download is provided to you solely for your personal, non-commercial enjoyment. Although you own the medium on which the Download is recorded, you do not own any right, title or interest in and to the Download, or the intellectual property rights therein. You may not re-sell, decompile, reverse engineer, or disassemble the Download, or transfer the Download to any third party.

Purchasing Merchandise

Throughout this Site, KadmusArts recommends books, music, videos and other items that we believe provide useful background about a festival or its performers. The Site may include links that will redirect you to the website of one or more reputable online retailers, such as Amazon.com, where you will have the opportunity to purchase the recommended items. Although KadmusArts makes the recommendations, KadmusArts is not the seller of these items, and does not stock, deliver or process payment for them. KadmusArts therefore cannot provide customer service for defective goods, process returns or issue credits. All such requests must be referred to the online retailer from which you made the purchase. Similarly, while we make every effort to recommend the most informative and representative items, KadmusArts does not guarantee that you will find the recommended items relevant, useful or enjoyable.

Contact Us

If you see objectionable content or have any questions about these Terms of Service, please contact KadmusArts at policies@kadmusarts.com.

Privacy Policy

Please read the Site Privacy Policy for an explanation of how personal information is collected, used and protected by KadmusArts. Your ongoing use of the Site indicates to us that you consent to the practices disclosed in the Privacy Policy.

Links to Third Party Websites; Advertisers

The Site includes links to third-party Web sites. KadmusArts has no control over these Web sites or their content. KadmusArts cannot guarantee that the content contained on these Web sites is accurate, legal, and/or inoffensive. KadmusArts does not endorse the content of any third-party website, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to link to another website, you agree and understand that you may not make any claim against KadmusArts for any damages or losses whatsoever resulting from such linking. If you have a problem with a link from the Site, please notify KadmusArts at comments@kadmusarts.com and KadmusArts will investigate your claim and take any actions KadmusArts deems appropriate in our discretion. Any dealings you have with advertisers found on the Site are between you and the advertiser and you agree that KadmusArts is not liable for any loss or claim that you may have against an advertiser. See also “Links to Other Sites” in our Privacy Policy.

Offline Conduct

Although KadmusArts cannot monitor the conduct of its users off the Site, it is a violation of the Terms of Service to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his or her prior explicit consent.

Unauthorized Uses of the Site

You agree that you will not use any data mining, robot, or similar data gathering or extraction tool, whether automated or manual, to monitor or copy the Site’s content without our prior written permission. You agree that you will not use, reproduce, distribute, create derivative works of, publicly perform, publicly display, or digitally perform any content (except for your own personal, non-commercial use) from the Site without our prior written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. Illegal and/or unauthorized uses of the Site will be investigated and subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.

Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide KadmusArts's Copyright Agent the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the site;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

KadmusArts's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent
c/o KadmusArts Corporation
74 Monument Avenue
Bennington, VT 05201

By phone: (802) 442-3901

By fax: (815) 366-8004

By email: copyright@kadmusarts.com

 

Collection of Information from Minors

The Site is directed to, and intended for use by, adults only. We require that a user be thirteen years of age or older to submit personally identifiable information. We do not knowingly collect personally identifiable information from children under the age of thirteen. If we become aware that we have inadvertently received personally identifiable information from a user under the age of thirteen, we will delete such information from our records. To see our Privacy Policy, click here.

Violation of the Terms of Service

You agree that monetary damages may not provide a sufficient remedy to KadmusArts for violations of these Terms of Service and you consent to injunctive or other equitable relief for such violations.

DISCLAIMERS

KADMUSARTS DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH, OR LINK ON IT. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. KADMUSARTS CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. KADMUSARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

KADMUSARTS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD-PARTY USERS, KADMUSARTS USERS, ADVERTISERS, AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE, OR OTHERWISE RELATED TO YOUR USE OF THE SITE. KADMUSARTS IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS, OR FAILURE TO ACT OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. WITHOUT LIMITING THE FOREGOING, YOU MAY REPORT THE MISCONDUCT OF USERS AND/OR THIRD-PARTY ADVERTISERS OR SERVICE AND/OR PRODUCT PROVIDERS REFERENCED ON OR INCLUDED IN THE SITE TO KADMUSARTS AT COMMENTS@KADMUSARTS.COM. KADMUSARTS MAY INVESTIGATE THE CLAIM AND TAKE APPROPRIATE ACTION, AT ITS SOLE DISCRETION.

LIMITATION ON LIABILITY

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL KADMUSARTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF KADMUSARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity

You agree to indemnify and hold KadmusArts, our directors, officers, employees, consultants, agents, affiliates, licensors, suppliers, advertisers and sponsors harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, that arise directly or indirectly out of or from (a) your breach of these Terms of Service; (b) any allegation that any materials you post on the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.

Disputes

If there is any dispute about or involving the Site, you, by using the Site, agree that the dispute will be governed by the laws of the State of New York without regard to its conflict-of-law provisions. You agree to personal jurisdiction by and exclusive venue in the state and federal courts of the State of New York, County of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of these Terms of Service is found unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity of the remaining provisions.