Terms of Use

Date of Last Revision: August 10, 2012

Welcome to the website located at www.liberocanto.org, its affiliate sites, subdomains, mobile versions, and any associated applications (collectively, the "Site"). By accessing or using any of the Site, you ("you" or "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). If you do not agree to this requirement, please leave the Site immediately and make no use of it whatsoever. Your viewing or use of the Site or of any information or links provided by or through the Site confirms your agreement to these Terms of Use.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use or the Privacy Policy at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the "Date of Last Revision" date of these Terms of Use or by otherwise posting on the Site, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your continued use of any portion of the Site after any such changes constitutes your acceptance of the new Terms of Use. This Agreement includes and incorporates the Privacy Policy located at LiberoCanto.Org/PrivacyPolicy.

Eligibility

Use of the Site is void where prohibited. You must be a natural person at least 18 years old (or older in some jurisdictions, if the age of Majority is older than 18) or otherwise have the express consent of your parents or legal guardians, but in no event younger than 13 years old, to access or use the Site. By agreeing to these terms or by using the Site, you represent and warrant that you have the right, authority and capacity to enter into the Agreement and to abide by all of the terms and conditions of the Agreement. The Site may require each User seeking to use its services to register and create accounts for validation by the Site. We reserve the right to decline services to any User for any reason and without explanation based upon our findings in validating the User's registration. 

Registration Information

In consideration of their use of services on the Site, Users agree to (a) provide accurate, current and complete information as prompted by any registration forms on the Site ("Registration Information"); (b) maintain and promptly update the Registration Information, and any other information provided to us, to keep it accurate, current and complete; (c) maintain the security of their password and identification; and (d) be fully responsible for all use of their account and for any actions that take place using their account. Misrepresentation may preclude your use of the Site in the future.

Copyright/Trademarks

The Site contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material, and their selection, coordination and arrangement (collectively referred to as the "Content"). The Content may be owned by us or by third parties. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as expressly permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.

The trademark LIBERO CANTO SZAMOSI® is the registered trademark of Edvin Szamosi (the "Trademark"). Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademark, without our and Mr. Szamosi's prior written permission specific for each such use. Use of the Trademark as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us and Mr. Szamosi in writing. All goodwill generated from the use of the Trademark inures to Edvin Szamosi's benefit.

Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content for the Site may be retransmitted without our express written consent for each and every instance.

Submissions

We have provided our contact information and email links on the Site because we would like to hear from you. However, we do not want you to, and you should not, send us any documents or other materials that contain confidential or proprietary information. You agree that any documents or other materials that you send us become our physical property. You grant us an unrestricted, irrevocable, royalty-free license to copy, distribute, and modify any documents or other materials that you send us, and to use for any purpose any ideas, trade secrets, know-how or other confidential or proprietary information disclosed in those documents or other materials.

User Content

We do not claim any intellectual property ownership rights in any works of authorship, images, photos, sounds, musical works, video, files, documents, applications, or any other materials that you submit to the Site ("User Content"). After directly sending ("submitting") your User Content to the Site, you continue to retain any intellectual property ownership rights that you may have in your User Content, subject to the limited license below. By submitting any User Content on or through the Site, you hereby grant to us a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through the Site, including without limitation distributing part or all of the Site in any media formats and through any media channels solely for the purposes set forth in these Terms of Use.

a. The license you grant to us is non-exclusive (meaning you are free to license User Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Site of the User Content that you post), sublicensable (so that we are able to use our affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Site's services), perpetual and worldwide (because the Internet and the Site's services are global in reach).

b. You represent and warrant that: (i) you own the User Content submitted by you on or through the Site or otherwise have the right to grant the license set forth herein, and (ii) submission of User Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the Site.

c. The Site performs technical functions necessary to offer the services on the Site, including but not limited to transcoding and/or reformatting content to allow its use throughout the Site.

d. We may reject, refuse to post or delete any User Content for any or no reason, including User Content that in our sole judgment violates the Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the Site for inappropriate User Content or conduct. If at any time we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

e. You are solely responsible for the User Content that you submit to the Site.

No Warranties/Limitation of Liability

We make no warranties or representations about the Site or Content, including but not limited to their accuracy, reliability, completeness, efficacy, or timeliness. We shall not be subject to liability for truth, accuracy, or completeness of any information conveyed to the user or for errors, mistakes or omissions therein or for any delays or interruptions of the data or information stream from whatever cause. You agree that you use the Site and the Content at your own risk. It is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other Content available through the Site.

We do not warrant that the Site will operate error-free or that the Site, its server, or the Content are free of computer viruses or similar contamination or destructive features. If your use of the Site or the Content results in the need for servicing or replacing equipment or data, we shall not be responsible for those costs.

The Site and Content are provided on an "as is" and "as available" basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties rights, and fitness for particular purpose.

In no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Content, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law.

External Sites

The Site may contain links to third-party websites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the Content on such External Sites. The Content of such External Sites is developed and provided by others. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or any Content located on such External Sites. We are not responsible for the Content of any linked External Sites and do not make any representations regarding the Content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of this website or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of this website or the Content at any time without prior notice or liability. 

Indemnification

You agree to defend, indemnify, and hold us harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising from, relating to or resulting from your breach or alleged breach of the Agreement or your access to, use or misuse of the Content or Site. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter. 

Digital Millennium Copyright Act (DMCA)

We have a policy of responding to notices of alleged infringement on the Site that comply with the DMCA, which may include removing material claimed to be the subject of infringing activity. If we remove material to comply with the DMCA ("Removed Content"), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that any material is infringing your copyrights. We will terminate the accounts of any Users and/or block access to the Websites of any Users who repeatedly infringe the copyrights of others. Digital Millennium Copyright Act (DMCA) - Infringement Notification To file a notice of infringement, you must provide us with a written notice that includes each of the following items:

  • • Detailed identification of the copyrighted work that you believe has been infringed.
  • • Detailed identification of the material you claim infringes this copyrighted work.
  • • Information reasonably sufficient to permit us to contact you (e-mail address is preferred).
  • • The statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • • Your signature.

Send the Infringement Notification to the following address:

By email: rdebrauwere@pryorcashman.com
By mail:
Copyright Agent liberocanto.org
c/o Pryor Cashman LLP
7 Times Square
New York, NY 10036
Attn: Robert J. deBrauwere

Digital Millennium Copyright Act (DMCA) - Counter Notification

The provider of Removed Content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Removed Content. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.

To file a counter notification, you must provide us with a written notice that includes each of the following items:

• Detailed identification of the material the League has removed.
• Your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
• The statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
• Your signature.
Send the Counter Notification to the following address:
By email: rdebrauwere@pryorcashman.com
By mail:
Copyright Agent liberocanto.org
c/o Pryor Cashman LLP
7 Times Square, New York, NY 10036
Attn: Robert J. deBrauwere

Comliance with Applicable Laws

The Site is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Site or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and your access to all or any part of the Site or the Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Site or the Content at any time without prior notice or liability.

Miscellaneous

The Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. If there is any dispute between you and us about or involving any of the Site, by using the Site, you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York, County of New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of any other provision of the Agreement, which shall remain in full force and effect, including, but not limited to, "Copyright/Trademarks," "No Warranties/Limitation of Liability," "Indemnification," "Termination of the Agreement," and "Miscellaneous."

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supercedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Contact Information:
liberocanto.org/contact
c/o Pryor Cashman LLP
7 Times Square
New York, NY 10036
Attn: Robert J. deBrauwere