Welcome to www.musicrising.org (the “Website“) which is operated by The Gibson Foundation, a nonprofit Delaware corporation located at 309 Plus Park Boulevard, Nashville, TN 37217 (“Gibson”,we“,our“, orus“). Music Rising is a charitable initiative administered by Gibson that was established to raise money and awareness to help rescue the musical culture of the Central Gulf region of the United States from the destruction raised by the catastrophic hurricanes of the summer of 2005 by replacing musical instruments that were lost or destroyed in the deluge. The Website is intended to enable visitors to learn more about and make donations to the Music Rising campaign.
Changes to this Agreement. Gibson reserves the right to modify this Agreement at any time. We will indicate that changes to this Agreement have been made by updating the date indicated afterLast Modified” at the end of this Agreement. You agree to review the Agreement periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. If you do not agree to abide by any modified version of this Agreement, you are not authorized to use this Website. A current version of the Agreement is accessible via the footer on the Website homepage.
Tax Exempt Status. Gibson is a public charity qualified under Section 501(c)(3) of the Internal Revenue Code. Donations to the Music Rising campaign are tax deductible to the extent permitted by U.S. law.
Donations. The Website enables visitors to make donations via credit card. If you elect to make a donation through the Website, you will be asked by an authorized third party on our behalf (e.g., PayPal or Google Checkout) to supply certain information, including without limitation, your full name, email address and credit card information. You agree that you are responsible for all donations made using your credit card, and that Gibson shall not be liable for any loss that results from the unauthorized use of your credit card, either with or without your knowledge. You may also make donations by mailing a check payable to “Gibson Foundation/Music Rising” to our office at the address indicated on the Website. Gibson distributes donations to churches, school groups, and individuals for the purpose of purchasing music instruments and supporting music education.
Foreign Currency. We do not actively solicit funds for the Music Rising campaign outside of the United States. Users from countries outside of the U.S., however, may be able to make donations through the Website. All donations will be processed in U.S. Dollars.
Copyright. All content contained on the Website, including but not limited to video, clips, photographs, text, graphics, logos, icons, images and software (collectively,Content“), is the property of the founders of the Music Rising campaign, Gibson, or their affiliates and/or their respective licensors and is protected by U.S. and/or international copyright laws. Any reproduction, modification, distribution, transmission, republication, display or performance of the Content contained on the Website is strictly prohibited; however, you may print copies of any Content or portion thereof contained on the Website for your personal use only. If you use material appearing on the Website other than as expressly permitted in this Agreement, you may be liable for infringement, misappropriation or other causes of action.
Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website (collectively, the “Trademarks“) are the property of the founders of the Music Rising campaign, Gibson or their affiliates and/or their respective licensors and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Music Rising or Gibson, or their affiliates or licensors.
Links. The Website may include links to other websites that may be of interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
DISCLAIMER OF WARRANTIES.
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. GIBSON DOES NOT MAKE ANY REPRESENTATION OR WARRANTY (i) AS TO THE ACCURACY, CORRECTNESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT APPEARING ON THE WEBSITE AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT APPEARING ON THE WEBSITE, OR (ii) GENERALLY FOR THE ACCURACY, RELIABILITY, OR QUALITY OF ANY CONTENT APPEARING ON THE WEBSITE. GIBSON IS NOT RESPONSIBLE FOR ANY FAILURES, DELAYS OR INTERRUPTIONS OF THE WEBSITE. THE WEBSITE IS PROVIDED TO YOU “AS IS” AND GIBSON MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, GIBSON DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL GIBSON BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON CONTENT OBTAINED THROUGH THE WEBSITE OR CAUSED BY YOUR CONDUCT. GIBSON DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE, AND THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL GIBSON BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. GIBSON’S OR ITS AFFILIATES AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR RELATED TO THE WEBSITE OR THIS AGREEMENT IS LIMITED TO $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 7 OR 8 HEREOF MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold Gibson harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
Commercial Use. You acknowledge and agree that the Website may not be used by you directly or indirectly in connection with any commercial endeavors.
Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Gibson, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, along with any other terms and conditions regulating use of the Website, sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement and any ancillary terms and conditions will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
Contact Us. If you have any questions or concerns regarding the Website, or if you wish to change or remove any Personal Information provided to us, please contact us by e-mail at firstname.lastname@example.org or write to us at Music Rising, c/o The Gibson Foundation, 309 Plus Park Boulevard, Nashville, TN 37217.
Last Modified: December 2, 2009