Last Updated: July 24, 2019
William E. Schmidt Foundation, Inc. (“We” or “Us” or “Our”) offers the use of its web site (along with the content posted thereon, the “Services”) subject to the terms and conditions of use (the “Terms”) contained herein. By accessing www.schmidtvocalarts.org (the “Site”), and in consideration for the Services we provide to you, you agree to abide by these Terms. Please read them carefully before using the Services on the Site. We reserve the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms for changes.
- No Warranties of Content or of Service
The contents of our Site (the “Content”) are provided as Services as part of our charitable activities and are not a commercial activity. Much of the Content of the Site has been provided by members of the Company and other authorized users of the Site and reviewed by our staff. Accordingly, We do not warrant that the Content will be error-free or that the Services will be uninterrupted or continuous. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OF PERFORMANCE OR SERVICE OF ANY KIND. THE CONTENT AND SERVICE ON THE SITE IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON BEHALF OF OURSELF AND THE OWNERS OF THE COPYRIGHTED MATERIALS. IT IS YOUR RESPONSIBILITY TO EXAMINE THE CONTENTS OF THE SITE AND TO MAKE YOUR OWN DETERMINATION OF THE QUALITY OF THE SITE AND ITS SERVICES. YOUR REMEDY FOR ANY BREACH OF WARRANTY OF ANY KIND IS LIMITED TO A FULL REFUND FOR THE FIRST TEN (10) DAYS OF PAID FEES OR A PRO RATA REFUND OF THE UNUSED PORTION OF THE CURRENT YEAR’S SUBSCRIPTION FOR A REFUND REQUESTED AFTER THE FIRST THIRTY (30) DAYS OF SERVICE BECAUSE OF A WARRANTY CLAIM. THIS IS OUR MAXIMUM MONETARY LIABILITY FOR THIS SERVICE TO YOU.
You understand that the original publishers of the Content have, in most cases, not been the actual provider of the Content on the Site and that no publishers of the Content nor any copyright owner warrants in any way the accuracy or completeness of the Content on our Site, since they have neither authorized nor furnished the Content and have no control over its completeness or accuracy in the form presented. The publishers and copyright owners of the Content on this Site do not waive any of their rights under the Copyright laws by permitting its use and distribution on Our Site.
We are not responsible for the content or availability of any web site controlled by others to which there are links or references on our Site. Such links or references are provided solely as a convenience to the user.
- Proprietary Rights
The entire right, title, and interest in the intellectual property rights and the Content made available through the Site, including all copyright, patent, trademark, trade secret or other legal rights shall remain the exclusive property of the owners of such intellectual property rights. No license or other rights of any kind are granted or conveyed by the act of our transmitting or making available proprietary or copyrighted information through the Site to You under this Agreement or by allowing You to access the Site hereunder, except for the limited license to Use the Site for the purposes expressly provided You in this Agreement. Any use by You of the Content or the Site in contravention of this Agreement is a violation of U.S. Copyright law and may be punished by the copyright owners under the civil and criminal provisions of the Copyright law.
- Inappropriate Adult Conduct
You understand that there may be Content on the Web Site, outside of the “Adult Content” category, that contains language with profanity or obscenity that may not be appropriate for individuals who are under the age of 18. If You are under 18, You and Your parent or guardian understand that there may be submissions made by other users of the Site which may not have yet been categorized or properly reviewed and that viewing of that Content might be inappropriate for those under the age of 18. We cannot guarantee that all Content has been properly categorized without error, and therefore there may be Content in any category of the Site that contains profanity, obscenity, or other language or information not appropriate for individuals under 18 years of age. If You or Your parent or guardian find material You or they believe falls in a category that has not been correctly classified, please notify Us immediately by email at firstname.lastname@example.org.
- Quality Controls
We have established quality controls and procedures which We try to enforce, but human and technical means of review are not perfect. In spite of this, We are committed to insuring that electronic versions of all Content on the Site match their original print versions to the fullest extent practical, given the current state of scanning and optical character recognition technology. However, due to the inherent technological limitations of scanning and human reviews, We cannot and do not guarantee that there are no errors in the Content. We, therefore, do not guarantee the quality or accuracy of any information or Content provided on the Site, although We will do our best to correct any such errors that we deem necessary, other than scanning or data entry errors, if they are called to our attention through email to our Customer Support at email@example.com.
- Third Party Websites, Products, and Services.
“Third Party Applications” means online, Web-based applications or services, and offline software products that are provided by third parties and may operate in conjunction with the Services.
We or third party providers may offer or utilize Third Party Applications and related services to in connection with the Site or Services. You acknowledge and understand that the use of such Third Party Applications or services may be subject to separate terms and conditions by Third Party Applications providers. We do not warrant any such Third Party Applications or services. If you install or enables Third Party Applications or services for use with the Services or Site, you agree that We may allow such third party providers to access Content as required for the interoperation of such Third Party Applications with the Services, and any exchange of data or other interaction between you and a third party provider is solely between you and such third party provider. Finally, the continuing availability of the Third Party Applications is subject to the continued effectiveness and terms of the contract between Us and the third party provider.
If the Services utilize Third Party Applications, including third party payment processing, you expressly acknowledge and agree that We are acting sole as an intermediary between you and such third party providers, and we are in no way liable or responsible with respect thereto. We will not be a party to, or in any way be responsible for monitoring, overseeing, or facilitating any interaction or transaction between you and any Third Party Applications, including third party payment processing.
Accordingly, We encourage you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.
If you purchase a good or service on this Site that requires payment of a fee, you agree to pay all fees associated with such good or service. For all charges for goods or services on this Site, We will bill your credit card. Recurring charges may be billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information promptly.
If, for any reason, your credit card company refuses to pay the amount billed for the good or service, you agree that We may, at Our option, suspend or terminate your access to the Site and require you to pay the overdue amount by other means acceptable to Us. We may charge a fee for reinstatement of suspended or terminated accounts. You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.
Collecting personal information from children under the age of thirteen (13) (“Minor Children”) through the Services or the Site is prohibited. No Content should be directed toward Minor Children. Minor Children are not eligible to use the Site, and we ask that they do not submit any personal information to Us.
- Termination of Access/Removal of Content
We shall have the right in Our sole discretion to terminate your access to and use of the Services and/or remove any of your Content should We consider your statements or conduct to be inaccurate, illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy, injurious, objectionable, or otherwise in violation of these Terms or applicable law.
- Limitation of Liability
THE COMPANY, OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OWNERS, REPRESENTATIVES, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OWNERS, REPRESENTATIVES, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO US FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Upon a request by Us, you agree to defend, indemnify, and hold Us and our subsidiaries, affiliates, licensors, service providers, content providers, owners, representatives, employees, agents, officers, and directors harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Us in asserting any available defenses.
- Copyright Complaints
We respect the intellectual property of others and require that Our users do the same. If you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please notify Us of your claim of infringement by sending the following written information to Our designated Copyright Agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site, including the URL and date on which the material was displayed;
- Your address, telephone number, and e-mail address;
- 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; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on its Site is, who can be reached as follows:
Donald J. Smith
Katz Korin Cunningham PC
334 N. Senate Avenue
Indianapolis, Indiana 46203
- International Use.
Although the Services or Site may be accessible worldwide, We make no representation the Services or Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the Services or Site is void where prohibited.
- Governing Law.
Any claims or disputes arising out of the use of this Site or the Services will be governed by and construed in accordance with the laws of the State of Indiana without regard to its rules regarding conflict of laws and will be subject to the exclusive jurisdiction of the federal or state courts of Marion County, Indiana, and the parties hereby consent to personal jurisdiction and venue in such courts and waive any and all objections thereto or to the convenience of any such forum.
- Acceptance and Acknowledgement of Terms
Use of this Site constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms, as well as any other usage agreements of Ours that may govern your conduct.
Please do not hesitate to contact us at firstname.lastname@example.org if you have questions. You may also contact us at our address:
William E. Schmidt Foundation, Inc.
dba Schmidt Vocal Arts
6 East 5th Street
Covington, KY 41011-5707