Music In The Parks
Terms & Conditions
Festivals of Music Inc. dba Music in the Parks. (“Music in the Parks”) and its subsidiaries and affiliates require all visitors to this website (this “Website”) to adhere to the following terms and conditions. By accessing this Website you indicate your acknowledgement and acceptance of the terms and conditions herein.
Laws and Regulations
All materials and content on this Website are copyrighted and protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property) rights in accordance with any and all applicable international, federal, state and local laws, as well as the copyright laws of other countries. Music in the Parks’ materials may not be reproduced, copied (except for a single copy for non-commercial purposes subject to the terms herein), distributed, adapted, displayed, edited, published, sold, licensed, transmitted, or downloaded in any way without Music in the Parks’ express written permission. All rights not expressly granted herein are reserved by Music in the Parks. The posting of information or materials on this Website does not constitute a waiver of any right in such information and materials.
The trademarks appearing on this Website, including, without limitation, those of Music in the Parks, are the property of their respective owners. Music in the Parks’ trademarks may be used only with the express written permission of Music in the Parks. The design and layout of this Website, and all other websites owned, operated, licensed, or controlled by Music in the Parks or its parent, affiliates, subsidiaries, or partners, if any, are protected and may not be copied or imitated in whole or in part. No logo, graphic, sound, image, or animation from this Website may be copied (except for a single copy for non-commercial purposes subject to the terms herein) or retransmitted unless expressly permitted by Music in the Parks. Other product and company names mentioned on this Website are the trademarks of their respective owners.
Links to Third-Party Sites
Some of the links on this Website may allow you to leave this Website. Third-party sites to which this Website may link (“Third-Party Linked Sites”) are not in any way under Music in the Parks control. Absent express language to the contrary, Music in the Parks does not intend links contained on this Website to be endorsements of the contents on any Third-Party Linked Site or the entities that operate them, and the links to such Third-Party Linked Sites are provided for convenience only. All terms and policies (including, without limitation, privacy policies) on any such Third-Party Linked Site will apply to you while on such Third-Party Linked Sites. Music in the Parks and any such Third-Party Linked Site are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. MUSIC IN THE PARKS EXPRESSLY DISSOCIATES FROM THE CONTENT OF SUCH THIRD-PARTY LINKED SITES AND DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, INFORMATION SUBMITTED OR PROVIDED BY YOU TO SUCH THIRD-PARTY LINKED SITES), CONTENT, COMMUNICATIONS, TRANSMISSIONS, SERVICES, GOODS, OR OTHER MATERIALS AVAILABLE ON SUCH THIRD-PARTY LINKED SITES OR FOR ANY CHANGES OR UPDATES TO SUCH THIRD-PARTY LINKED SITES.
Warranty and Liability Disclaimer
THIS WEBSITE AND ALL CONTENT AND MATERIALS PROVIDED ON THIS WEBSITE, ARE PROVIDED TO YOU ON AN “AS IS,” “WITH ALL FAULTS” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MUSIC IN THE PARKS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCCURACY, QUIET ENJOYMENT, SECURITY, NON-INFRINGEMENT, INFORMATIONAL ACCURACY, OR ANY WARRANTY ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. YOU UNDERSTAND AND AGREE THAT MUSIC IN THE PARKS DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR YOUR ILLEGAL, IMPROPER, OR UNAUTHORIZED USE OF INFORMATION TRANSMITTED, MONITORED, STORED, OR RECEIVED WHILE USING THIS WEBSITE.
Limitation of Liability
TO THE GREATEST EXTENT THAT SUCH A LIMITATION IS PERMITTED BY APPLICABLE LAW, MUSIC IN THE PARKS AND ITS PARENT, AFFILIATES, SUBSIDIARIES, PARTNERS, AGENTS, AND LICENSORS, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, RELIANCE, COMPENSATORY, OR PUNITIVE DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOST OR DAMAGED DATA, BUSINESS, OR GOODWILL, OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE AND EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY CONSTITUTES A FUNDAMENTAL BASIS OF THIS AGREEMENT, AND MUSIC IN THE PARKS WOULD NOT HAVE PERMITTED YOU TO USE THIS WEBSITE ABSENT SUCH LIMITATIONS.
You agree to indemnify and hold Music in the Parks, and its parent, affiliates, subsidiaries, agents, and licensors, including, without limitation, their respective officers, directors, employees, and representatives, harmless from any claim or demand made by any third party due to or arising out of content you submit, post, transmit, or make available through this Website, your use of this Website, your connection to this Website, or your violation of any rights of Music in the Parks or a third party.
Any claims arising out of the use of this Website shall be resolved by arbitration in Pennsylvania in accordance with the then-current rules of the American Arbitration Association. The internal laws of the State of Pennsylvania (other than conflicts of laws rules) and of the United States of America shall apply. The arbitration shall be conducted by a single arbitrator engaged in the practice of law. The arbitrator's decision and award shall be final and binding and may be entered in any court with jurisdiction.
Music in the Parks reserves the right to revise any of these terms at any time without notice.