Welcome to the FindChamberMusic website (the "Site"), having a principal address of www.findchambermusic.com. The Site is jointly operated by the American Composers Forum and Amateur Chamber Music Players ("ACF-ACMP"), both not-for-profit membership corporations. These Terms of Service shall govern and apply to your use of the Site, and by using the Site, you signify your agreement to all of these Terms of Service. If you do not agree to these Terms of Service, please do not use this Site.

ACF-ACMP reserves the right to change, modify, replace, update and/or revise these Terms of Service without giving advance notice to you.

This Site is provided for your personal informational and educational use only and no representation or warranty is given as to its accuracy or completeness. Any redistribution or other use of the Site, or any portion thereof, by you for any purposes other than those permitted under these Terms of Service, without the express prior written consent of ACF-ACMP, is strictly prohibited.

Use of Materials Contained on this Site

Ownership of Materials on the Site
The Site contains copyright-protected material, trademarks, service marks, logos and other proprietary materials, including, but not limited to, images, software, photographs, artwork, designs, video, audio, graphic and other materials (the "Material"). ACF-ACMP is, unless otherwise stated, the owner of all copyright, trademark, patent, database and other proprietary rights in the Site and the Material, it being acknowledged, however, that all proprietary rights, including without limitation any copyright, in any graphic version of any musical composition ("Music Score File(s)"), sound recording ("Sound File(s)") or other intellectual property ("Other File(s)") uploaded to the Site (Music Score Files, Sound Files and Other Files shall collectively be referred to herein as "User File(s)") by a Posting User shall at all times remain, as between the owner of those rights and ACF-ACMP, the property of that rights owner or the owner's duly authorized representative (each a "Rights Holder"). Without limiting the scope of the foregoing, ACF-ACMP holds a copyright in the Site as a collective work and/or compilation and in the selection, co-ordination and arrangement of the information and content on the Site. The Site and all Materials may not, unless expressly permitted by ACF-ACMP and any applicable Rights Holder(s), be copied, reproduced, published, republished, sold, licensed, rented, distributed, uploaded, posted, transmitted, performed, displayed, edited, modified, adapted, used in a derivative work, used to create a collection, compilation, database or directory, decompiled, reverse engineered, disassembled, broadcast, circulated and/or otherwise exploited except for purposes expressly permitted in these Terms of Service.

Use of the Site
Each user's use of the Site shall be subject to local, state, national and international laws and regulations; users shall not intentionally or unintentionally violate any such law or regulation. ACF-ACMP controls and operates this Site from our offices in the United States of America and does not represent that any materials on this Site are appropriate and/or available for use in other locations. Accessing any Materials from territories where such Materials are illegal is prohibited.

Persons who choose to access this Site from other locations do so at their own risk, are fully responsible for compliance with local laws, and acknowledge that ACF-ACMP shall not have any liability with respect to such use.

Further, and without limiting the generality of the foregoing and in compliance with these Terms of Services, users agree not to:

1. make available any Material that is unlawful, harmful, threatening, tortious, defamatory, libelous, abusive, disparaging, harassing, deceptive, fraudulent, pedophilic, pornographic, obscene, invasive of another's privacy, hateful, malicious, impersonates any person or entity, including any employee or representative of ACF-ACMP, or otherwise violates these Terms of Service;
2. make available any Material that contains hate propaganda, or victimizes, harasses, degrades, intimidates, or promotes discrimination or violence against any person or group of persons on account of their race, ethnicity, national origin, religion, age, gender, disability or sexual orientation;
3. make available any Material that infringes any copyright, trademark, service mark, patent, trade secret, or other proprietary right of any other party;
4. make available any Material that contains a software virus or any other code files or programs that are designed to or have the ability to interrupt, destroy, compromise or otherwise limit the functionality of any computer software or hardware or telecommunications equipment whether owned by ACF-ACMP or any other party, or otherwise violates any local, state, national or other applicable laws and regulations.
5. redistribute or make other use of the Site, or any portion thereof (including any User File), for any purposes other than those expressly permitted under these Terms of Service, without the express prior written consent of ACF-ACMP or the applicable Rights Holder(s);
6. use the Site for purposes of disseminating unauthorized or unsolicited advertising, chain letters, any other form of unsolicited solicitation, junk bulk e-mail (also known as "spamming"), or any form of lottery or gambling;
7. collect information about the Posting Users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk e-mail or other communications;
8. knowingly solicit or collect personal information (including but not limited to name, address, telephone number or name of school attended) from any person under the age of 18 years;
9. retain or attempt to retain one or more copies of any audio or video file that is "streamed" from the Site; or
10. use or attempt to use a downloadable file other than in accordance with the rules set by the person posting that file.

ACF-ACMP may, at any time, temporarily limit or suspend, in whole or in part, any user's access to the Site if ACF-ACMP, in its sole discretion, has reason to believe that such user has engaged in conduct or activities prohibited by these Terms of Service.

Use of User Submissions and Third-Party Sites
To the extent that content submitted by users or external hyperlinks appear on the Site, please be advised that ACF-ACMP does not endorse, verify or take responsibility for the accuracy, currency, completeness or quality of such content and will not be liable in any way for any loss or damage which you may suffer from your use of such posted content or by using such third-party sites. If you decide to access such posted content or third-party sites, you do so at your own risk.

General Disclaimer of Warranties and Limitation of Liability
This Site and all Materials contained on it are distributed and transmitted on an "as is" and "as available" basis. Your use of the Site and all Materials on it is at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that may result from your use of the Site or any Materials thereon. ACF-ACMP expressly disclaims all warranties of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose and non-infringement, and you agree that your sole remedy is to cease using the Site.

ACF-ACMP does not represent or warrant that: (i) the Site will be uninterrupted or error-free, (ii) defects, if any, will be corrected, (iii) the Site is free of viruses or other harmful components, or (iv) any Material or other information, products or services will be accurate, reliable, or of a quality or performance that will meet your expectations. No advice or information, whether oral or written, obtained by you from ACF-ACMP (or its directors, employees, agents or affiliates) shall create any warranty.

You expressly understand and agree that ACF-ACMP shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for lost profits, goodwill, use, data or other intangible losses (even if ACF-ACMP has been advised of the possibility of such damages), resulting from or in connection with the Site or any Material made available or listed thereon, whether under a theory of breach of contract, negligence, strict liability or otherwise.

Some states and/or jurisdictions do not allow exclusions or limitation of incidental or consequential damages, so the above exclusion may not apply to you. In the event that the foregoing limitation of liability is held to be unenforceable for any reason, then our maximum liability for any of the foregoing types of damages shall be limited to the amount that we received, if any, for the specific transaction that gave rise to any such claim.

Additional General Terms and Conditions

Indemnification
Upon request by ACF-ACMP, you shall indemnify, defend and hold harmless ACF-ACMP, its directors, employees, agents and affiliates from and against any and all damages, liabilities, costs, losses, judgments and expenses (including attorneys' fees and disbursements) arising out of or in connection with any claim, demand or action by a third party which is inconsistent with any of the warranties, representations or covenants made by you herein. ACF-ACMP reserves the right, at the user's sole expense to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you shall fully cooperate with ACF-ACMP in asserting any defenses put forth by ACF-ACMP.

Applicable Law
These Terms of Service are governed by and shall be construed in accordance with the internal laws of the State of Minnesota, United States and any dispute arising under or in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the courts located within the State of Minnesota, United States.

Copyright Act Agent
ACF-ACMP respects the copyright and other intellectual property rights of others, and requires that those who use this Site do the same. If you believe that your work (or a work owned and/or controlled by you) has been used in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent listed below (note: in order to be effective, the Notice must contain all six pieces of information):

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest(s);
• A description of the copyrighted work that you claim has been infringed;
• A description of where the alleged infringing material is located;
• Your address, telephone number and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; and
• A statement made by you, 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.

By mail:

Attn: Bob Peskin
American Composers Forum
332 Minnesota Street, Suite E-145
St. Paul, MN   55101

By phone : (651) 228-1407, ext. 2819

By email: bpeskin@composersforum.org