Terms of Service

Your Acceptance

1. By using and/or visiting this website (collectively, including all content and functionality available through the Ashburymusichall.com domain name, the "Ashbury Music Hall Website", or "Website"), you are agreeing to these terms and conditions (the "Terms of Service"), and incorporated herein by this reference. If you do not agree to any of these terms please do not use the Ashbury Music Hall Website.
2. Even though we may try to notify you of any major changes made to these Terms of Service, you should periodically review the most up-to-date version ( http://www.ashburymusichall.com/terms ). Ashbury Music Hall may, at its sole discretion, change or revise these Terms of Service and policies at any time, and you agree to be bound by any such changes or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Ashbury Music Hall Website

1. These Terms of Service apply to all visitors and users of the Ashbury Music Hall Website, including users who contribute video content, information, and other materials or services on the Website. The Ashbury Music Hall Website includes all aspects of Ashbury Music Hall, including but not limited to all products, software and services offered on our website.
2. The Ashbury Music Hall Website may contain links to third party websites that are not owned or controlled by Ashbury Music Hall. Ashbury Music Hall has no control over third party websites and assumes no responsibility for the content, or any third party website practices. Additionally, Ashbury Music Hall will not and cannot censor or edit the content of any third-party site. By using our Website, you expressly release Ashbury Music Hall from any and all liability arising from your use of any third-party website.

Provision of the Services by Ashbury Music Hall

Ashbury Music Hall is providing a pre-release version of its software and service to you with the understanding that Ashbury Music Hall has yet to complete quality assurance testing. You acknowledge and agree that the form and nature of the services which Ashbury Music Hall provides may change from time to time without prior notice to you. You agree that you are willing to use and evaluate the software and services and report on its operations to Ashbury Music Hall.

You agree to provide Ashbury Music Hall with feedback that Ashbury Music Hall may periodically request from you regarding the use, operation and functionality of the software and/ or the services. Such feedback may include, without limitation, any information about operating results, known or suspected bugs, error or compatibility problems and user-desired features. You hereby assign to Ashbury Music Hall all rights in the feedback and agree that Ashbury Music Hall will have the right to use the feedback and related information in any manner it deems appropriate.

As part of continuing innovation, you acknowledge and agree that Ashbury Music Hall may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Ashbury Music Hall’s sole discretion, without prior notice to you.

Ashbury Music Hall Accounts

1. To access some features of the Website, you must create an Ashbury Music Hall account. Using another's account without permission is prohibited and violates the terms of this agreement. You must provide accurate and complete information when you create your user account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Ashbury Music Hall immediately of any breach of security or unauthorized use of your account.
2. Ashbury Music Hall will not be liable for your losses caused by any unauthorized use of your account. However, you may be liable for the losses of Ashbury Music Hall or others due to such unauthorized use.

General Use of the Website—Permissions and Restrictions

Ashbury Music Hall hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:

1. You agree not to distribute in any medium any part of the Website without Ashbury Music Hall's prior written authorization.

2. You agree not to alter or modify any part of the Website or any of its related technologies.

3. You agree not to use the Website for any commercial use, without the prior written authorization of Ashbury Music Hall. Prohibited commercial uses include any and all of the following actions taken without Ashbury Music Hall's express approval:

• Selling access to the Website or its related services on another website;
• Using the Website or its related services for the primary purpose of gaining advertising or subscription revenue;
• Selling advertising, on the Ashbury Music Hall’s website or any third-party website, targeted to the Ashbury Music Hall content;
• and any use of the Website or its related services that Ashbury Music Hall finds, at its sole discretion, to use Ashbury Music Hall's resources with the effect of competing with or displacing the market for Ashbury Music Hall or our content. Prohibited commercial uses do not include any use that Ashbury Music Hall expressly authorizes in writing.

2. If you use the Ashbury Music Hall interface (the “Interface”), you are agreeing that we may automatically download and install updates from time to time from Ashbury Music Hall. These updates are designed to improve, enhance and further develop the Interface and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You are agreeing to receive such updates (and permit Ashbury Music Hall to deliver these to you) as part of your use of the Interface.

3. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the Ashbury Music Hall servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Nevertheless, Ashbury Music Hall grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Ashbury Music Hall reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their Student Submissions as defined below.

4. By using the Website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.

5. Ashbury Music Hall reserves the right to discontinue any aspect of the Ashbury Music Hall Website at any time.

Your Use of Content on the Site

The following restrictions and conditions apply specifically to your use of content on the Ashbury Music Hall Website.

1. The content on the Ashbury Music Hall Website, except all Student Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Ashbury Music Hall, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Ashbury Music Hall reserves all rights not expressly granted in and to the Website and the Content.
2. Your access to Student Submissions is intended solely for your information and personal review. You shall not copy or download any Student Submission unless you see a “download” or similar link displayed by Ashbury Music Hall on the Ashbury Music Hall Website for that Student Submission.
3. Ashbury Music Hall reserves all rights not expressly granted in and to the Ashbury Music Hall Content and the Ashbury Music Hall Website.
4. You agree not to use, copy, or distribute any of the Content other than expressly permitted herein, including using, copying, or distributing Student Submissions of third parties obtained through the Website for any commercial purposes.
5. You agree not to circumvent, disable or otherwise interfere with security-related features of the Ashbury Music Hall Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Ashbury Music Hall Website or the Content therein.
6. You understand that when using the Ashbury Music Hall Website, you may be exposed to Student Submissions from a variety of sources, and that Ashbury Music Hall is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Student Submissions. You further understand and acknowledge that you may be exposed to Student Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Ashbury Music Hall with respect thereto, and agree to indemnify and hold Ashbury Music Hall, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Your User Submissions and Conduct

1. As an Ashbury Music Hall account holder you may submit video content ("Student Videos") and audio content ("Student Audio"). User Videos and Audio are collectively referred to as "Student Submissions." Whether or not such Student Submissions are published, Ashbury Music Hall does not guarantee any confidentiality with respect to any Student Submissions.
2. You agree that you are solely responsible for your own Student Submissions and the consequences of posting or publishing them. In connection with Student Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize Ashbury Music Hall to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Student Submissions to enable inclusion and use of the Student Submissions in the manner contemplated by the Website and these Terms of Service.
3. To clarify, you retain all of your ownership rights in your Student Submissions. By submitting Student Submissions to Ashbury Music Hall, however, you grant Ashbury Music Hall a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Student Submissions in connection with the Ashbury Music Hall Website and Ashbury Music Hall's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Ashbury Music Hall Website (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Ashbury Music Hall Website a non-exclusive license to access your Student Submissions through the Website, and to use, reproduce, distribute, display and perform such Student Submissions as permitted through the functionality of the Website and under these Terms of Service. The above licenses granted by you in Student Submissions terminate within a commercially reasonable time after you remove or delete your Student Submission from the Ashbury Music Hall Website. You understand and agree that Ashbury Music Hall may retain, but not display, distribute, or perform, server copies of Student Submissions that have been removed or deleted.
4. With regards to Student Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Ashbury Music Hall of the license rights granted herein.
5. Ashbury Music Hall does not endorse any Student Submission or any opinion, recommendation, or advice expressed therein, and Ashbury Music Hall expressly disclaims any and all liability in connection with Student Submissions. Ashbury Music Hall does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Ashbury Music Hall will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Ashbury Music Hall reserves the right to remove Content and User Submissions without prior notice.

Account Termination Policy

1. If an user is determined to be an infringer in the reasonable opinion of Ashbury Music Hall’s legal counsel, Ashbury Music Hall may terminate user access to its Website.
2. Ashbury Music Hall reserves the right to decide whether Content or a Student Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Ashbury Music Hall may remove violating Student Submissions and/ or terminate user access for uploading material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Digital Millennium Copyright Act

1. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Ashbury Music Hall's designated Copyright Agent to receive notifications of claimed infringement is: David Gottesman at support@ashburymusichall.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

Warranty Disclaimer

YOU AGREE THAT YOU ARE USING THE ASHBURY MUSIC HALL WEBSITE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ASHBURY MUSIC HALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ASHBURY MUSIC HALL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ASHBURY MUSIC HALL WEBSITE. ASHBURY MUSIC HALL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ASHBURY MUSIC HALL WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ASHBURY MUSIC HALL WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL ASHBURY MUSIC HALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ASHBURY MUSIC HALL WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ASHBURY MUSIC HALL SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by Ashbury Music Hall from its facilities in the United States of America. Ashbury Music Hall makes no representations that the Ashbury Music Hall Website is appropriate or available for use in other locations. Those who access or use the Ashbury Music Hall Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless Ashbury Music Hall, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Ashbury Music Hall Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Ashbury Music Hall Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. By using this Website and signing up for an account, you affirm that you are over the age of 13. Accounts on Ashbury Music Hall Website are not intended for minors 13 years of age and under. Children 13 years of age and under are not permitted to sign up for an account. Ashbury Music Hall will delete accounts held by people it learns are 13 years of age and under. If you are 13 years of age or under, please determine an appropriate course of action with your parents.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Ashbury Music Hall without restriction.

General

You agree that: (i) the Ashbury Music Hall Website shall be deemed solely based in California; and (ii) the Ashbury Music Hall Website shall be deemed a passive website that does not give rise to personal jurisdiction over Ashbury Music Hall, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Ashbury Music Hall that arises in whole or in part from your use of the Ashbury Music Hall Website shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. These Terms of Service and any other legal notices published by Ashbury Music Hall on the Website, shall constitute the entire agreement between you and Ashbury Music Hall concerning the Ashbury Music Hall Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Ashbury Music Hall's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Ashbury Music Hall reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Ashbury Music Hall Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ASHBURY MUSIC HALL AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ASHBURY MUSIC HALL WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.