Music & Memory, Inc. Care Community Website
 
TERMS AND CONDITIONS OF USE 

Welcome to the Care Community Website of Music & Memory, Inc. (“Music & Memory,” “we” or “us”) located at https://musicandmemory.force.com (“Website”) owned and operated by Music & Memory. In addition to the Content (defined below) on the Website and the services provided by Music & Memory through the Website (“Services”), the Website provides you with various opportunities to submit content and participate in various Services, including but not limited to, group & topic discussions, posts, file uploads and instant messaging. 

BY USING OUR WEBSITE AND THE SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS AND CONDITIONS. YOUR CONTINUED USE OF OUR WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES. 
 
Copyright and Ownership: All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (“Content”), is owned by Music & Memory, its licensors, vendors, agents, donors and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Website may be used only for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, play, print and download documents, audio and video found on our Website for noncommercial purposes only. Other than for the purposes of administering the Music & Memory program as laid out in the guidelines for MUSIC & MEMORY^SM Certified Care Organizations, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website without express permission from Music & Memory. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. For purposes of these Terms and Conditions, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website, its Content and all related rights shall remain the exclusive property of Music & Memory or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.
 
Music: Use of music and other audio available on this Website is subject to the same legal agreement made between the individual user and Apple Inc. (Apple).  Apple is the provider of the Apple Music Service, which permits you to access digital music and other content for end user use only under the terms and conditions set forth in their Terms of Service.
 
Trademarks: All trademarks, service marks and trade names of Music & Memory used herein (collectively “Marks”) are trademarks of Music & Memory or its partners, vendors or licensors. Other than for the purposes of administering the Music & Memory program as laid out in the guidelines for MUSIC & MEMORY^SM Certified Care Organizations, you may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify such trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Music & Memory’s prior written consent. The use of the Music & Memory trademark in any other website or network computer environment is not allowed. Music & Memory prohibits the use of Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
 
Submission Policy: Where Music & Memory has specifically invited or requested submissions, Music & Memory encourages members of the Care Community to submit user published content or user content (e.g., postings to topics & groups, participation in communities, videos, tips, etc.) to Music & Memory. Such submissions will be considered for use in connection with the Website and any related programs, books and broadcasts (“User Submissions”). User Submissions remain the intellectual property of the individual user.
 
Inappropriate Materials and Submissions: To the extent Music & Memory allows you to post or submit Content to this Website, you are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and the sender’s agents to civil and criminal penalties. Music & Memory will reject any submissions or postings in which Music & Memory believes, in its sole discretion, that any such activities have occurred.
 
Account Registration and Security: You understand that you may need to create an account to have access to all of the parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself and your business as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Music & Memory has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Music & Memory has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and the intended use of the Services and Website.
 
LIMITATIONS OF LIABILITY: Music & Memory does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control.
 
Release: In the event that you have a dispute with one or more other users of the Website, you release Music & Memory (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
 
Termination: You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. We may also block your access to our Website in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, our users or us; or (d) you do not pay the annual renewal fee for use of this Website within 30 days notification of receipt of invoice.
 
General: Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the State of New York. You consent to the exclusive jurisdiction of the State and federal courts located in the City and County of New York. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
 
Additional Assistance: If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at info@musicandmemory.org.
 
Copyright Notice: All Website design, content, graphics, text selections, arrangements and all software are Copyright © 2015, Music & Memory, Inc. ALL RIGHTS RESERVED.