Terms and Conditions of Website Use
These Terms and Conditions of Website Use (“Website Terms”) shall manage your use of the webpages directly or indirectly accessible at or through the web domain www.gothammusicacademy.com or sub-levels of that web domain (individually and collectively, the “Website”).
The Website is operated by Gotham Music Academy LLC (including its successor and assigns, “Gotham Music Academy”, “we” or “us”). These Website Terms will be applied fully to and affect your use of this Website. By using this Website, you agree to accept all provisions written in these Website Terms. You must not use this Website if you disagree with any of these Website Terms.
Denial of Service
Children and people below 18 years old are not allowed to use this Website without the prior consent of a parent or legal guardian to such use and to these Website Terms governing such use. Furthermore, Gotham Music Academy reserves the right to deny any and all access or service to any Website user for any reason, at any time, in our sole discretion including, without limitation, by blocking your IP address or addresses.
The material on this Website is provided only to help people get started in their search for relevant information. Information placed on the Website may not always be complete, up-to-date, accurate, relevant, or applicable to all situations. Descriptions of products and services, applicable law and other information are often complex and can change rapidly. Always double-check and confirm that any information you find on this Website is accurate, current, and complete in regard to your specific situation, question, concern and interests.
The inclusion of hyperlinks to other websites does not constitute endorsement, recommendation, or approval of those websites or their contents. This Website bears no responsibility whatsoever, in respect of the accuracy, legality, content or otherwise, for other websites or for any hyperlinks herein or therein. Those who visit or use this Website, hyperlinks to other websites, or any other information or hyperlinks contained herein or therein assume all risks associated therewith.
No legal or other professional services are being rendered on or through this Website and nothing contained on this Website is intended to provide such services or advice of any kind.
Intellectual Property Rights
Except for Your Content (as defined below), Gotham Music Academy and/or its licensors own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.
Restrictions on Website Use
You are specifically restricted from any and all of the following without our prior written consent:
- Publishing or otherwise distributing any Website material in any other media;
- selling, sublicensing or otherwise commercializing any Website material;
- publicly performing or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way that may cause harm or financial losses to us or any other person or entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- hacking, cracking, reverse-engineering, denying service to or otherwise interfering with the Website; or
- using this Website to engage in any advertising or marketing.
In these Website Terms, “Your Content” shall mean any audio, video, text, images or other material you choose to post, upload or otherwise transmit to this Website. Your Content must be your own and must not be invading any third-party’s rights. By uploading Your Content, you (a) represent and warrant to Gotham Music Academy LLC that you personally created, wrote and produced such content and all materials contained within such content and have the unrestricted right to use such content and materials and (b) grant Gotham Music Academy LLC a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Gotham Music Academy LLC reserves the right to remove any of Your Content from this Website or cut, edit, crop or arrange Your Content as we deem appropriate or necessary, in each case, in our sole discretion and at any time without notice. Unless you have requested otherwise in writing in connection with uploading Your Content, your name may be published alongside Your Content. If you do not wish to grant these rights, please do not submit material to the Website.
Restrictions on User Content
You agree that you are responsible for everything that you post, upload or otherwise transmit to the Website and you agree to any and all of the following:
- not to post content or participate in any form of activity via the Website which is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented, racially-offensive or otherwise includes objectionable material;
- not to spam other Website users or anyone else;
- not to publish your own contact details or those of anyone else.
You acknowledge and accept that when you post, upload or otherwise transmit material to the Website, you may be exposed to comments or critical submissions from other Website users that are unfair, inaccurate, offensive, indecent, or otherwise objectionable to you and you hereby waive any rights or remedies you have or may have against us with respect to any such comments or submissions.
Certain areas of this Website are restricted from being accessed by you. Gotham Music Academy LLC may further restrict access by you to any areas of this Website, at any time, in its absolute discretion. Any user ID and password you may have for restricted areas of this Website are confidential and you must maintain confidentiality as well. Without limitation of the foregoing, you agree to keep your password secure and confidential and not to allow anyone else to use your email address or password to access the Website; to not do anything which would assist anyone who is not a duly registered user to gain access to any restricted area of the Website; and to not create or use any registered account seeking to pass yourself off as another user of the Website. If you think someone else has obtained your ID and password, please let us know and we will close your registered account as soon as possible. You will be responsible to Gotham Music Academy and to others for all activity that occurs using your registered account.
This Website is provided “as is,” with all faults. Neither Gotham Music Academy LLC nor any of its members, managers, officers, directors, employees, instructors, contractors, suppliers, agents or affiliates (each of the foregoing, individually and collectively, a “GMA Person”) makes any promises, guarantees, representations, or warranties, expressed or implied, and no GMA Person assumes any duty or liability with regard to this Website or the information or materials contained herein or associated in any way therewith.
Limitation of Liability
No GMA Person be held liable for anything arising out of or in any way related to your use of this Website, whether such liability is under contract or otherwise. In no event shall any GMA Person be held liable for any indirect, consequential or special damages arising out of or in any way related to your use of this Website.
You hereby agree to indemnify each GMA Person to the fullest extent from and against any and all liabilities, costs (including, without limitation, (i) the fees of forensic consultants investigating any actual or attempted damage to the Website, (ii) the costs of IT specialists retained to remediate any such conditions and (iii) legal fees), demands, causes of action, damages and expenses arising in any way related to (a) your breach of any of these Website Terms, (b) your misuse of any material or information obtained through the Website or (c) you posting, uploading or otherwise transmitting material to the Website.
We reserve the right to take any action we may deem appropriate in our sole discretion with respect to any breach or enforcement of these Website Terms, and we expressly reserve all rights and remedies available to us at law or in equity.
If a court or any other competent authority finds that any provision or part of any provision of these Website Terms is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions and part-provisions of these Website Terms shall not be affected.
Variation of Website Terms
Gotham Music Academy is permitted to revise these Website Terms at any time as it sees fit, and by using this Website you are expected to review these Website Terms on a regular basis.
Assignment and Delegation
Gotham Music Academy may at any time assign, transfer, charge, subcontract or deal in any manner with all or any of its rights under these Website Terms and may subcontract or otherwise delegate in any manner all or any of its obligations under these Website Terms to any third party, in each case, without any notification to you and without your consent. However, you are not allowed to assign, transfer, or subcontract any of your rights or obligations under these Website Terms.
These Website Terms constitute the entire agreement between Gotham Music Academy and you on the subject matter thereof and supersede all prior agreements and understandings in respect of such subject matter.
Governing Law & Jurisdiction
These Website Terms will be governed by and interpreted in accordance with the laws of the State of New Jersey, and you submit to the non-exclusive jurisdiction of the state and federal courts located in the State of New Jersey for the resolution of any disputes.