Terms of Use
The THREE RIVERS YOUNG PEOPLES ORCHESTRAS (“TRYPO”, “us” or “we”) is a not-for-profit organization that provides children in the Pittsburgh area with opportunities to rehearse and perform music outside of school time with other children from the region who also love music. We are providing the information and other content on this website (“Site”) in support of TRYPO’s mission. By accessing these Terms of Use (“Terms”), along with the TRYPO’s Privacy Policy, you (“the User”) agree to be bound by the Terms of this Site. If you, as User of the Site, do not agree with these Terms or with the Privacy Policy, please do not use this Site. By using this Site, you acknowledge that you are 18 years of age or older, or are an emancipated minor, or possess parental guardian consent to use this Site.
LINDSEY – I TOOK THE HIGHLIGHTED LANGUAGE FROM OUR SITE.
Acceptance of Terms and Conditions and Privacy Policy
By accessing and browsing this Site, you acknowledge that you have read, understand, and accept these Terms, including TRYPO’s Privacy Policy, and that you agree to be bound by these Terms and the Privacy Policy. TRYPO may change these Terms and/or the Privacy Policy, so Users are encouraged to visit this page from time to time to review the most current Terms and Privacy Policy. Your continued use of the Site after new or revised Terms are effective indicates you have read and understand and agree to be bound by those new or revised Terms.
Copyright and Other Proprietary Rights to Content
Unless otherwise noted, all of the text, images, trademarks, data, film and video files and clips, audio files and clips, archival materials, software, databases, designs, and other materials on the Site (“Content”) are protected by copyright laws and may also be protected by other restrictions. TRYPO is the owner of the compilation of the Content posted on this Site. However, TRYPO does not necessarily own each component of the compilation. Copyright and other proprietary rights in the Content, including contractual rights, may be held by individuals or entities other than, or in addition to, TRYPO. Additionally, your use of some Content may infringe upon trademark rights, rights of publicity and/or rights of privacy of third-parties. TRYPO expressly prohibits the copying of any protected Content, except for the purposes of fair use as defined in the copyright laws and as described below.
Permitted Uses of the Content
Fair use includes the use of copyrighted materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary and news reporting. Unless otherwise noted and subject to the requirements set forth below, Users may use Content from the Site for such purposes. Please note that you are responsible for determining whether your use of our Content is fair use under copyright laws, and you are also responsible for responding to any claims that may arise from your use. You also understand use of some Content may be protected by other proprietary rights such as trademark rights, rights of publicity, rights of privacy, and/or contractual restrictions, and you agree that you will limit your use to fair use and will not violate the copyrights or other proprietary rights of TRYPO or any other individual or entity.
Uses that Require Written Permission
Unless otherwise noted, downloading, copying, transmitting, distributing, creating derivative works, modifying, publicly displaying, publishing, selling, promoting, or advertising products or services or otherwise using the Content on this Site for commercial purposes or for any purpose other than fair use and noncommercial educational purposes as set forth above is expressly prohibited. If you wish to use the Content for any purpose other than the permitted uses discussed above, you must obtain prior written permission from TRYPO, or other owners of the Content as applicable. Requests for permission for all uses of the Content on this Site should be sent to:
By Mail: 212 Ninth Street, Suite 601, Pittsburgh, PA 15222
By Email: staff@trypo.org
Trademarks
Many of the names, titles, trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Site, THREE RIVERS YOUNG PEOPLES ORCHESTRA and TRYPO are trademarks owned by TRYPO. The trademarks of third parties may also be displayed on the Site. You may not use any Trademarks displayed on the Site without the express written permission of TRYPO or the third party that owns the Trademark, and you acknowledge and agree that nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any Trademarks displayed on the Site. Any unauthorized use of the Trademarks, except as authorized in these Terms, is expressly prohibited.
Interactive Features and User Generated Content
(a) General. TRYPO may provide certain interactive features, such as blogs where Users are invited to engage with us by submitting content such as comments, images, and tags (“User Content”). While we welcome diverse insights and views, TRYPO reserves the right, but not the obligation, to delete any User Content, at our sole discretion, that we deem inappropriate. The posting of User Content on this Site does not imply any endorsement of that User Content by TRYPO.
The following types of User Content are strictly prohibited:
- User Content that infringes on the rights of a third party, such as intellectual property rights, publicity rights, or privacy rights;
- User Content that is threatening, defamatory, obscene, abusive, false, or misleading or harmful to minors;
- User Content that contains viruses, corrupted files, or other materials that may cause damages to another’s computer;
- User Content that violates these Terms of Use or the terms of use of any sites owned or operated by others that relate to the use and/or operation of this Site;
- User Content that contains advertisements, spam, or other forms of solicitation; and/or
- User Content that could violate any law or regulation.
You are solely responsible for the User Content you submit. We do not guarantee any confidentiality with respect to your User Content. You understand that other User Content will be appearing on the Site, that we are under no obligation to monitor such User Content and assume no responsibility or liability arising from such User Content. While we have the right to monitor User Content, we assume no responsibility for and have no obligation to remove or modify such User Content.
(b) Grant of Rights. By submitting User Content, you hereby grant TRYPO a worldwide, non-exclusive, fully paid-up, royalty free, perpetual, irrevocable, transferable license with the right to grant and sublicensees to use, reproduce, distribute, modify, prepare derivative works, adapt, display, perform, and otherwise exploit your User Content in connection with the Site and TRYPO’s mission. You irrevocably waive any claims and assertions of moral rights or attribution with respect to your User Content and grant TRYPO the right to use your name, likeness or voice that you submit with any User Content. You also grant each user of the Site the non-exclusive license to access your User Content through the Site and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Content.
(c) Your Representations and Warranties Regarding User Content. You understand and agree that you are solely responsible for your User Content and the consequences that may arise due to the posting of such User Content. You affirm, represent and warrant that you have the necessary licenses, rights, consents, and permissions to use the User Content and to authorize TRYPO to post and otherwise use, and to permit other Users to use, the User Content as set forth in these Terms.
Links to Third-Party Sites
This Site may provide links to sites that are owned or operated by third parties (“Third-Party Sites”). We have no control over such Third-Party Sites and cannot guarantee, represent, or warrant that the content on those sites is accurate and legal and do not contain viruses or other features that may adversely affect your computer. A link from our Site to a Third-Party Site does not imply a relationship with, or endorsement of, that site. These Third-Party Sites are governed by their own Terms of Use and we encourage you to read those terms if you choose to link to and use these sites.
Digital Millennium Copyright Act
TRYPO’S policy is to respond to notices of copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). Upon receipt of a such notice, TRYPO will expeditiously remove or disable access to the content that is the subject of the noticeand may also, in appropriate circumstances, take reasonable steps to disable and/or terminate access of Users of this Site who may be repeat infringers of copyright. In accordance with the DMCA, if you believe that any Content on this Site infringes copyrights that you own, please provide the following information to TRYPO’s designated agent set forth below:
- A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;
- A description of the copyrighted work you claim has been infringed;
- A description of the infringing material and information reasonably sufficient to permit TRYPO to locate the material;
- Your contact information, including your address, telephone number, and email address; and
- A statement by you, made under penalty of perjury, that the information you have supplied in your notice is accurate, 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, where applicable, that you are authorized to act on behalf of the copyright owner.
TRYPO’s designated agent for receipt of notification of any claimed infringement is:
Lindsey Nova, Three Rivers Young Peoples Orchestras, 212 Ninth Street, Suite 601, Pittsburgh, PA 15222, staff@trypo.org
Disclaimer of Warranties and Limitation of Liability
TRYPO disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and non-infringement of copyrights or other third party proprietary rights, arising from your use of the Site or its Content. We do not warrant that the Site will provide continuous, prompt, secure, or error-free service and we assume no liability for any errors or omissions, including the inaccuracy of any Content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Site or any portion thereof. TRYPO assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your computer equipment or other property arising from your use of the Site and its Content. TRYPO, and its affiliates, directors, officers, employees, and/or agents, shall have no liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages, arising from or related to use of this Site or its Content.
Termination, Modifications and Content Removal
We may, at any time: (a) modify, suspend, or terminate the operation of or access to the Site or any portion thereof for any reason; (b) modify or change the Site for any reason; (c) remove or change Content on this Site at any time in our sole discretion; or (d) interrupt the operation of the Site for any reason. Your access to and use of the Site may be terminated by you or by us at any time for any reason. Any provision of these Terms of Use which, by its nature should survive, will survive termination of these Terms, including, but not limited to, all obligations relating to your use of the Content and your license to us to use User Content.
Indemnification
You agree to indemnify, defend, and hold TRYPO, its affiliates, directors, officers, employees, and/or agents, harmless from and against all claims, causes of action, expenses, reasonable attorneys’ fees, losses, and damages, arising from or relating to your use of the Site or any of the Content on the Site.
Jurisdiction, Venue and Choice of Law
These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use, may only be brought in a federal or state court located in Allegheny County, Pennsylvania and the User hereby waives any objection to personal jurisdiction or venue in these courts.
Severability and Waiver
If any provision of these Terms is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. TRYPO’s failure to exercise or enforce any rights or provision of these Terms shall not constitute a waiver of such right or provision.
Entire Agreement
These Terms and the Privacy Policy (LINK TO THAT POLICY) are the sole and entire agreement between the parties with respect to the subject matter hereof and replace all prior or contemporaneous understandings or agreements regarding such subject matter.