2. Purpose of the Sistema Global Website.
Sistema Global aims to provide a forum to facilitate collaboration and communication among all Sistema inspired programs across the world. Our ultimate goal is to create a place where current Sistema practitioners from around the world can share their experiences and methods with the future leaders of Sistema. Sistema is a place where questions can be asked and answered.
3. Users and User Accounts
As noted above, only those individuals or entities that are capable of entering into a legal contract will be entitled to the legitimate use of a user account. Users are unable to assign any rights or obligations to other parties. Any use of the user account will be the sole responsibility of the User. User must inform Sistema Global of any authorized or unauthorized misuse or abuse that occurs under the Users profile. Sistema Global as a matter of its own discretion may restrict or deny any User account as it sees fit, particularly if the User engages in obscene activity or activity that endangers Sistema Global products, services, or its overall mission. Sistema Global takes very seriously any impropriety with its website and services and all users should bear this in mind as they engage with the website. Users may only engage with the website functionality as it is already designed; the user is not allowed to manipulate or change the way that users interact with the website as it is designed. Any other activity or use outside of what the website is designed for is prohibited and includes but is not limited to, data mining, use of spiders, crawlers or bots. Sistema Global is entitled to charge a fee for some of our services or products and in this scenario any paid for functionality will only be activated after payment is received. User may cancel their account with the process outlined on the website; any other type of cancellation that does not comport with the process outlined on the website is not considered valid. Only the user is responsible for the cancellation of their user account. Sistema Global is entitled to the cancellation of a user account without any notice, but especially when Sistema Global believes or has reason to believe that an applicable law, regulation or any third party right has been breached. Consequences of termination include a banning from access and use of the website. If a User’s account is terminated, any non-private material will remain available for other users of the website. Any private material from the user will be deleted from the user account, which will not include any reproduction of the User’s work or any derivative material created by other User’s based on the terminated User’s works.
Any material generated or uploaded by a User on the website falls completely under User’s Liability and control, and is not considered legally or factually generated by Sistema Global. Only the user is responsible for the content they generate, regardless of the means they choose to display their generated work. Users may only generate and post material on the website that is not infringing any third party Intellectual Property Rights. By making Content available, you represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party and that you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms. If a user intends to use material from Sistema Global, the user represents and warrants that the use of the material will be for educational purposes and not for commercial gain and that whatever use the user decides to engage in does not violate the right of any third parties. Sistema Global has the right to introduce technical measures (e.g. a confirmation button on or after upload asking a User to confirm that Material posted is original and not in breach of any third party copyright) that make uploading or offering of Material on the Website subject to an additional statement of a User regarding originality or other conditions. Confirmations of any such statements are binding on a User. Sistema Global is entitled, at any time, in its absolute discretion, to remove from or disallow any Material on the Website. Users can never claim any compensation, damages or rights resulting from such removal or disallowance. To the extent necessary to allow Sistema Global to offer the services provided on the Website to the extent not included in the license selected by the User, each User grants to Sistema Global a worldwide, irrevocable, royalty-free, perpetual license to use any Material posted or used by such User on the Website, for any purpose or function, including for the offering of services. This license granted by the User to Sistema Global may include any kind of use or reproduction through any known or future technology, including any future applications, widgets or API’s.For any Material uploaded, the User must include the file of the relevant source material, enabling anyone authorized to access or download it (depending on User’s choice of sharing) to modify or create derivative works of such music score as necessary, while also allowing the free use of said score material for educational purposes.
5. Warranties and Indemnifications
Every individual user represents and warrants that any and all material uploaded will be original material or material in which they have a right to use or modify, that User has the necessary rights to upload it and grant the license selected, and that the material will not infringe any third party Intellectual Property Right or other right or interest. Each User will indemnify, defend and hold harmless Sistema Global and will keep it indemnified for and against any liabilities and or claims and expenses that materialize from any claim or suit from any third party in relation to the material uploaded by the User or more generally the Users acts or omissions relating to Sistema Global. Sistema Global offers the website and its functionality on a “as is” basis and provides no warranty, express or implied, on any material. User acknowledges that Sistema Global is simply a forum for communication and has no obligation to verify in any meaningful way the content, quality, or any other characteristic of any material. Any use of the website by the user, member or not, is at the sole risk and responsibility of the user. Sistema Global makes no warranties as to the materials or physical infrastructure (i.e. servers) on its website and therefore the user uses the website at their own risk.
6. Limitation of Liability
As far as possible under applicable law, Sistema Global will have no liability. User waives any claim based on the website and the services or products used while on the website. Sistema global is to be considered a conduit of communications and its liability (if any) shall be limited by this characterization. Sistema Global shall never be liable for the breakdown or malfunction of the website. Sistema Global will never be held liable for links to third-party sites or any other connection related to the function of the Sistema Global website. Users specifically and necessarily waive any liability of Sistema Global in relation to any material posted to or pulled from the website. Sistema Global will never be liable for any indirect losses (i.e. loss of profits).
7. In case of Alleged Infringement
Sistema Global respects the Intellectual Property of others and Sistema Global invites any report of known or suspected infringement. Any person or entity that suspects that some material has been infringed upon should seek out the “report abuse” button at the bottom of the Sistema Global website. Sistema Global has a right, but not a duty, to take any particular actions in deems appropriate in relation to an alleged infringement claim. Sistema Global may disclose a user’s information in relation to an infringement claim and in this event; it shall not be liable for this type of disclosure or the consequences that may arise out of this disclosure.
8. Data Protection
Sistema Global will endeavor to protect its user’s data when it is feasible and useful to do so, but ultimately, the means of protection and storage of data shall be at the sole discretion of Sistema Global. User necessarily agrees to not manipulate the infrastructure of the website and acknowledges that any use of the website entails obligations to maintain and or not dilute the security of the Sistema Global website or any of its functionality.
9. Forum Selection
As a user, you agree that Sistema Global shall be deemed solely based in California; and the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Sistema Global, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute shall be decided exclusively by a court of competent jurisdiction located in San Diego County, California. These Terms of Service, together with any agreements mentioned in these Terms of Service, constitute the entire agreement between you, the user, and Sistema Global. If Sistema Global gives any waiver with regard these Terms of Service, it shall not be deemed a continuing or continued waiver.
10. Severability clause
Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.