Classically Connected, Inc.
FindMyInstrument™
Registration Terms and Conditions
These Terms and Conditions (the “Terms and Conditions”) apply to the FindMyInstrument™ web site located at www.findmyinstrument.org, its subsidiaries and affiliates, including CCI FIR™ sites around the world (collectively, the “Site”). The Site is the property of Classically Connected, Inc. (“CCI”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
NOTE: These terms and conditions are undergoing legal review and CCI will notify registrants of any modifications by emailing the email address that they signed up with.
1. Declarations
a. Parties
(i) Classically Connected, Inc. (“CCI”) is a U.S. IRC Section 501(c)(3) not-for-profit, educational, and cultural organization incorporated and operating in the State of New York since 1966.
Address: 157 Columbus Avenue, 4th Fl., New York, NY 10023
Tax ID No. 13-6202532
Email: info@classicallyconnected.org
Website: www.classicallyconnected.org
(ii) Users.
1. Browser Browser (see Section 2 Definitions below)
2. Content Provider of Record (see Section 2 Definitions below)
b. Ownership of FindMyInstrument™. CCI is the sole creator, owner, and operator of FindMyInstrument™.
c. Free public use of FindMyInstrument™ – assigned Registration Numbers. No fees will be charged for use of FindMyInstrument™-assigned registration numbers that are live-linked to the metadata kept on the FindMyInstrument™ database.
2. Definitions
a. Musical Instruments. Those instruments that are generally used in the performance of Western classical music.
b. FindMyInstrument™. An international, public registry of musical instruments that are generally used in the performance of Western classical music.
c. Browser. Online visitor to FindMyInstrument™ website or application. Browsers may freely search, sort, and reference the data and information for CPRs and musical instruments in their research, sales records, archival cataloging, product advertising, trusts and estates, insurance claims, etc.
d. Content Provider of Record (CPR). Registered owners or makers of musical instruments who provide documentation of personal identity and proof of ownership of specific instruments that they intend to register on the FindMyInstrument™.
e. Good Standing. A CPR is in “good standing” if proof of identity has not expired and if annual renewal fees have been paid.
f. Maker’s Seal of Transparency. A seal provided by FindMyInstrument™ to CPRs who have provided the required documentation to prove that the CPR is the maker of the instrument.
g. Content or Base Instrument Data. Basic required information to identify a registered instrument (i.e. instrument type, description and images).
h. Seal of Transparency. A series of seals provided by FindMyInstrument™ to CPRs who have provided substantial documentation about an instrument.
i. Registrant. Persons submitting information and documents at the FindMyInstrument™ online portal in order to become CPRs are considered “Registrants.”
3. Specific Terms and Conditions
a. For Beta Testers. From time to time, CCI may seek members of the international community to beta test enhancements of the registry. Beta Testers must affirm the following:
(i) Beta Testers enter this arrangement under their own free will, acknowledging that CCI has made no representations or warranties about the registry—generally or fitness for a particular purpose—or of compatibility with Beta Tester’s computer hardware or software, and may leave the beta testing at any time.
(ii) Beta Testers are not compensated, nor are they charged any fees to participate.
(iii) Beta Testers have no special privileges when the registry is launched, but may be eligible to receive discounted registration fees at CCI’s discretion.
(iv) The schedule of the testing and the formal launch shall be at CCI’s discretion.
(v) The schedule of the testing and the formal launch shall be at CCI’s discretion.
(vi) After the beta testing period is complete, all data uploaded by Beta Tester to the FindMyInstrument™ will be purged from all CCI systems.
(vii) If the registrant decides to become a CPR, they will need to complete the formal CPR registration process.
(viii) During the testing period, notifications will be sent in a timely manner to the email address provided by the registrant about any changes in these Terms and Conditions. The registrant will email all correspondence to info@classicallyconnected.org.
(ix) Access to the prototype will be via user ID and password, which will be annulled at the end of the beta testing period.
(x) By clicking “Accept” for these Terms and Conditions, the registrant is not obligated to provide any data or information.
(xi) All data and information from the Beta Tester during the beta testing period shall be considered by the CCI development team; however CCI shall be under no obligation to use any such input.
(xii) Beta Testers may nominate other beta testers to the CCI development team, but CCI is under no obligation to accept them.
b. For Content Providers of Record (CPRs). The Registrant affirms that they are:
(i) Entering this arrangement under their own free will.
(ii) Either an owner of one or more Musical Instruments, or an independent luthier who self-declares that he/she is the original maker of one or more Musical Instruments;
(iii) Not to be compensated for providing any data or information to populate the FindMyInstrument™ database.
(iv) Permitted to give their and their instruments’ assigned numbers to third parties, including the owners and/or operators of other databases, as a reference. No commission shall be paid by CCI for such referrals, nor shall any fees be charged to the CPR by CCI.
(v) Required to pay an initial registration fee as well as annual renewal fees. Such fees will be set by CCI and may change from time to time. 60 days’ notice shall be given in advance of any change in registration fees.
(vi) Required to upload data and information regarding their instrument(s) in a format that is compatible with the development status of the FindMyInstrument™.
c. Musical Instrument Identification Card. CCI is in the process of developing a form of instrument identification card or similar digital mechanism (“Instrument ID”) for registered instruments; CPRs will be notified by email on record if and when such Instrument ID will be available.
d. Firewalled, stand-alone database. The FindMyInstrument™ is separate from any and all other databases maintained by CCI and its contents is limited to the documents and information provided by CPRs in good standing, such that it will not be commingled or otherwise treated as a part of CCI’s other databases.
e. Changes in Terms and Conditions. Official notifications about changes in these terms and conditions will be sent in a timely manner to the email address provided by the CPR.
f. Changes in CPR status. CCI will notify the CPR of upcoming expiration of eligibility 30 days in advance, as well as expired eligibility status.
g. Contact CCI. The CPR will use email only to correspond with CCI at info@classicallyconnected.org.
h. Legal Compliance Obligations. The Parties acknowledge and agree that at all times (including prior to the effective date of the General Disclaimers, Terms, and Conditions and the Privacy Policy), CCI may be subject to legal requirements regarding personal information for natural persons and data security and confidentiality, including the European Union General Data Protection Regulations (the “GDPR”) and other similar laws, regulations, and governmental rules and policies (such requirements, the “Legal Compliance Obligations”) and in connection therewith, the Parties acknowledge and agree that:
(i) Notwithstanding these terms and conditions as to confidentiality and removal, the Content and Instrument Data under these terms and conditions remains subject to the valid requests and orders of law enforcement agencies, other government and/or civil authorities similarly authorized by applicable laws and regulations, and to courts of appropriate jurisdiction as required by law (it being acknowledged and agreed that such requests are also Legal Compliance Obligations); and
(ii) CCI will comply with each such Legal Compliance Obligation to the extent that the Legal Compliance Obligation applies to CCI or its registry and shall notify the CPR in advance of any such action(s) taken with regard to the Content.
i. CPR Representation and Warranty as to Authority; CPR Agreement to Be Bound. By providing or uploading the Content, including any data or other information regarding the CPR personally or its business, and the required minimum information regarding an Instrument in order for that Instrument to be included in the registry as described more fully on the CPR data entry portal, CPR represents and warrants to CCI that CPR has the proper power and authority to provide or upload the Content and Base Instrument Data either for the CPR individually or as a properly authorized representative of another person or entity who holds such authority with respect to any of the Content. Without limiting the foregoing, CPR further represents and warrants for the benefit of CCI as follows:
(i) The CPR has all requisite power and authority to carry out its obligations hereunder;
(ii) The CPR has obtained all necessary approvals for the execution and delivery of these terms and conditions, the performance of their obligations hereunder, and the consummation of the transactions contemplated hereby;
Entry into this arrangement by the CPR does not violate the terms of any other terms and conditions to which the
(iii) Entry into this arrangement by the CPR does not violate the terms of any other terms and conditions to which the CPR is a party; and
(iv) Upon due execution and delivery of these terms and conditions by all the Parties hereto, these terms and conditions shall constitute the CPR’s legal, valid, and binding obligation, enforceable against them accordingly.
j. Content and Instrument Data; Quality Assurance/Quality Control (QA/QC) Review by CCI. The CPR represents and warrants that:
(i) All Content, including all Base Instrument Data, submitted by the CPR is accurate, free from serious error, and does not infringe upon any third-party rights (expressly including copyrights and trademarks of third parties),
(ii) The CPR is duly authorized to enter into, and legally able to perform these obligations with respect to all Content including all Base Instrument Data,
(iii) The CPR has all rights and powers necessary for the performance of the CPR’s obligations, without violating any rights of any third party, and
(iv) The CPR has obtained all applicable permissions and/or waivers necessary for submission of the Content including the Base Instrument Data to CCI for inclusion in the registry.
k. Rights to Third Party Content. Without limiting the foregoing, CPR further represents and warrants to CCI that as to data of a third party included in the Content or Instrument Data:
(i) The CPR has informed the third party about the provision and use of the data in the CPR terms and conditions and that the third party has expressly agreed with and consented to the provision and use and is aware of these terms and the CPR has provided any necessary attribution,
(ii) The information is in the public domain and unrestricted and publicly available,
(iii) The information is subject to a Creative Commons License and the CPR has complied in all respects with such license, and has provided the proper attribution and license to CCI, or
(iv) The third party has previously given written consent to CPR to make this third party’s data publicly available.
l. Ownership of Content and Instrument Data; Right of CPR to Control. Except as expressly provided here and subject to the Legal Compliance Obligations, CCI shall have no right or title in or to the Content or any individual Instrument Data and shall not be entitled to impose any limitation or restriction upon the CPR’s use thereof or ownership rights with respect thereto. At any time the CPR has the right, by written notice to CCI, to instruct CCI to take the following actions:
(i) To shield any or all of the CPR’s Content (other than the Base Instrument Data) from online, public access while said Content remains on the registry’s storage systems, and
(ii) To withdraw any or all of the CPR’s Content (other than the Base Instrument Data) from the registry storage systems, in part or in its entirety.
NOTE: The unique ID number assigned to each registered instrument, even if the Base Instrument Data is completely removed from the registry storage systems, shall not be re-assigned to any future registered instrument.
m. Non-CPR Amendment or Correction of Content on CCI Registry.
(i) CCI Authority to Administer. CPR acknowledges and agrees that once any Content or Base Instrument Data has been accepted for the registry, CCI retains the right in administering the registry to:
1. Take actions with respect to the Content and Base Instrument Data as may be required to comply with Legal Compliance Obligations, including to remove or restrict access to third-party personal or confidential information in compliance therewith,
2. To supplement any or all of the Content and Instrument Data from the registry to comply with a CPR Instruction, and
3. To remove in whole or part any or all of the Content (other than Base Instrument Data) from the registry to comply with a CPR Instruction. CCI will provide the CPR with written notice of any action taken under this Section 3.h. as a Legal Compliance Obligation with respect to the CPR’s Content and Base Instrument Data.
(ii) Procedure for Consideration of Third-Party Comments. The Parties agree that if CCI receives a comment or proposed correction or supplement to the CPR’s public Content or the Base Instrument Data from a third party not covered by Section 3.m.i.3, then CCI will notify the CPR in writing of the comments or proposed changes. The CPR will have 30 days from notification to respond to CCI, advising whether or not the CPR approves the proposed change, during which time the Content or Base Instrument Data in question shall be shielded from public access. If the CPR approves the change in writing, then the change will be made by CCI and the public Content or Base Instrument Data, with such change, will return to its previous public status; if the CPR objects to the change, in whole or part, then the CPR will have the option to either:
1. Have the public Content (but not the Base Instrument Data) in question remain shielded with the disputed comment noted and shielded, acknowledging that the Base Instrument Data, with such notation public as described below, or
2. Have the Content or Base Instrument Data unshielded with the comment publicly accessible in a separate metadata field, along with a response from the CPR if the CPR so choses. In the absence of a response from the CPR, at the end of the 30-day response period the Content or Base Instrument Data shall be made available again for public access with a notation by CCI in the “Comment” field regarding the comment or proposed change received, citing by name the source of said comment or proposed change.
n. Designated Agent. In instances where CPRs are not able to directly upload data and information to the FindMyInstrument™, CPR can designate CCI as “agent” for uploading the Content. In such cases, CCI is hereby authorized to upload Content and Instrument Data received from CPR on the CPR’s behalf, subject to CPR’s review. Once CPR has provided written and/or electronic approval, the upload of Content and Instrument Data by CCI in accordance with CPR’s instruction, the Content and Instrument Data shall be deemed for all purposes as “uploaded by CPR.”
o. Term/Renewal of CPR Certification. The CPR is required upon any renewal date to provide a certification on or before the 60th day following the acceptance of the terms and conditions (including any updates), certifying to the continued truth and efficacy of its representations, warranties, and agreements set forth in Section 3.b. and of all its CPR Data. If the CPR fails to provide the certification on or before the applicable 60th day:
(i) These Terms and Conditions will remain in force,
(ii) The rights of the CPR under Section 3.b. of these Terms and Conditions will be suspended, and
(iii) A notation will be added to the CPR’s Content, stating that the CPR certification is not up to date. In addition, in such circumstances, CCI has the right, in its sole discretion, to change any registry Seal of Transparency previously associated with the affected Content or Base Instrument Data to a lower level (or to the lowest level); provided, however, that the Maker’s Seal of Transparency (signifying that the Base Instrument Data was provided by the Maker) will remain associated with the Base Instrument Data. Upon receipt of the required certification from the CPR after the applicable 60th day:
1. The suspension of the CPR’s rights will end and the CPR’s rights will be reinstated,
2. The notation that the certification is not up to date will be removed, and
3. CCI may, but is not obligated to, reinstate the prior level Seal of Transparency for affected Content, or may assign a different level of Seal of Transparency as it may deem appropriate in the circumstances.
p. Representation of the registrant. The registrant attests to their independence as an individual or their representation of an organization, public or private, and ability to provide valid proof of identity as such.
q. Notices.
(i) Notices from CCI shall be delivered to CPRs using the email address provided by the CPR at registration. It is the responsibility of the CPR to update their address of record with CCI. CCI bears no responsibility to make any corrections or updates to said email addresses.
(ii) Notices to CPRs from CCI shall be made to info@classicallyconnected.org.
4. Additional Terms and Conditions
a. CCI Copyright and Trademarks. The compilation of materials gathered in FindMyInstrument™ is protected by copyright, with the copyright held by CCI. Distribution of these pages on the internet (the “online presentation”) does not constitute consent to any use of this material for commercial redistribution either via the internet or using some other form of hypertext distribution., except as permitted herein.
The copyrights of all text, graphics, sound files, video sequences and texts and the use of trademarked materials in FindMyInstrument™ not in the public domain and not otherwise held by a third party are held by CCI. Distribution of these copyrighted or trademarked materials does not constitute consent to any use of this material for commercial redistribution either via the internet or using some other form of hypertext distribution.
Non-commercial links to FindMyInstrument™, or any of their respective individual pages are welcome, subject to the Creative Commons license 2.5 described below. References to the FindMyInstrument™ registration identification number for an instrument is expressly permitted, even in a commercial use. All other uses of CCI copyrighted materials or trademarks are prohibited.
Certain of the information accessible from these pages are maintained by other institutions or entities, and their use is, therefore, governed by such conditions as those institutions or entities may impose.
Certain material inFindMyInstrument™ is in the public domain. CCI does not assert copyright in public domain material, but does claim copyright in mark-up, navigation apparatus, and other value-added features of the presentation of materials in the online presence of FindMyInstrument™, covered by a Creative Commons license 2.5 (see http://creativecommons.org/licenses/by-nc-sa/2.5/.)
In brief, the terms of that license are that Users may copy, distribute, and display this work, or make derivative works, so long as
- FindMyInstrument™ is specifically cited;
- This work is not used for commercial purposes (other than reference to FindMyInstrument™ instrument registration identification numbers, which are expressly permitted); and
- Any works derived from this one are distributed under the same licensing terms as this.
b. Copyrights and Trademarks of Others. CCI endeavors to respect the copyrights of all graphics, sound files, video sequences and texts in all our publications. All trademarks not owned by CCI that appear on our sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CCI. The mere mention or licensed use of protected contents, data or marks does not infer that such contents, data, or marks do not fall under third-party rights. CCI reserves CCI’s rights to all published objects created by or on behalf of CCI, its programs, or its staff. The use or republication of such graphics, sound files, video sequences, and texts in other electronic, printed, or other publications without prior written approval is not permitted.
CCI General Disclaimers
a. No Warranty of Content. CCI does not warrant that the information offered on FindMyInstrument™ is complete, correct and/or up to date; and CCI expressly disclaims any liability therefor. CCI disclaims all liability for any damages, material or immaterial, resulting from the use or non-use of this information or the use of flawed or incomplete information. CCI reserves the right to change, adapt, mask, delete parts or the entirety of the online presence of the FindMyInstrument™ website or app without prior announcement or to discontinue the publishing of information on this site entirely. Mere use of the online presentation shall not be construed as forming an agreement between the user and CCI. Wherever possible, the Content Provider of Record for particular information will be identified.
b. Right to Review and Audit Data and Information. CCI reserves the right to review and audit information and data provided to FindMyInstrument™ by any source, to have it reviewed by experts of CCI’s choice and to reject any such information and data that in CCI’s judgment is not sufficiently reliable or fails to meet the stated criteria for submission to and FindMyInstrument™. Further, CCI reserves the right to apply a symbol signifying the quantity or quality of information on a given instrument profit (a Seal of Transparency) or similar mechanism to ensure data transparency, completeness, and quality.
c. No Liability for links from other sites. CCI assumes no liability for direct or indirect links from the online presence of our site to other internet sites that lie beyond the scope of responsibility of CCI. CCI has no influence over the design, contents, or authorship of linked sites, and explicitly disassociates itself from all content of linked sites that was changed after the link was placed. The liability for all illegal, incomplete, or erroneous information of linked sites lies only with the operator of such sites, not with those who merely refer to such publications by placing a link.
d. Modification of Legal Information and General Disclaimers, General Terms and Conditions, etc. CCI may modify the Legal Information, General Disclaimers, General Terms and Conditions, the Privacy Policy, and the other terms of use at any point in time.
e. Severability. Should any part, term, or provision of the terms and conditions be declared invalid, void, or unenforceable, all remaining terms and provisions hereof shall remain in full force and effect.
f. No Assignment. The terms and conditions may not be assigned by the registrant by operation of law or otherwise without the express written consent of CCI and any such assignment or attempted assignment without such consent shall be void.
g. No Third-Party Beneficiaries. These terms and conditions are for the sole benefit of the Parties (and their respective heirs, executors, administrators, successors, and assigns) and nothing herein, express or implied, is intended to or shall confer upon any other person, including any creditor of any of the Parties, any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these terms and conditions.
h. Choice of Law; Submission to Jurisdiction; Service of Process.
(i) Choice of Law. These terms and conditions shall be governed and construed in accordance with New York State law without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of New York.
(ii) Submission to Jurisdiction and Consent to Service of Process. Each of the Parties hereby irrevocably consents and submits to the exclusive jurisdiction of any state or federal court sitting in the County of New York, New York for any litigation arising out of or related to these terms and conditions (and agrees not to commence any litigation relating thereto except in such courts) and further agrees that service of process, summons, notice, or document by U.S. registered mail to its respective address for notice set forth here (as it may be amended in writing from time to time), with a copy sent by email to the email address for notice as specified in these terms and conditions (as they may be amended from time to time), receipt acknowledged, shall be effective service for any litigation brought against it in any such court arising from or related to these terms and conditions.
i. Execution in Counterparts. These terms and conditions may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be the same terms and conditions. A signed copy of these terms and conditions delivered by email shall be deemed to have the same legal effect as delivery of an original signed copy of these terms and conditions.
j. Waivers. No waiver by any Party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No waiver by any Party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these terms and conditions shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
k. Legal Validity. This Legal Information and General Disclaimer, General Terms and Conditions, and the Privacy Policy and Data Protection Policy, the information provided on the website of CCI, and other terms and conditions referred to in the foregoing, are an inseparable part of the internet presence that is referred to in this page. By use of the internet presence the User declares that they have read, understood, and agreed to these terms and conditions. Should parts of these terms and conditions be or become unenforceable by law, the remaining terms and conditions shall remain unaffected. All terms and conditions that cannot be legally enforced due to legal errors or invalidity shall be replaced by legally valid clauses that most closely reflect the original intent of the condition.
l. Disputes and Jurisdiction. The use of FindMyInstrument™, all registration agreements and other documents and information—including these Legal Information and General Disclaimer, General Terms and Conditions, Privacy Policy, Data Protection Policy, and the information provided on the website of CCI—and other terms and conditions referred to in the foregoing, are governed and construed in accordance with New York State law without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of New York. Each User agrees that if they seek to file a claim against CCI, they shall file and resolve it exclusively in a state or federal court located in the State and County of New York, and further agrees that the laws of New York and, to the extent applicable, of the United States of America shall govern.
To ensure that disputes are dealt with soon after they arise, each User agrees that regardless of any statute or law to the contrary, any claim or cause of action they might have arising out of or related to the use of FindMyInstrument™ and these Legal Information and General Disclaimer, General Terms and Conditions, Privacy Policy, Data Protection Policy, registration agreements and the information provided on the website of CCI, and other terms and conditions referred to in the foregoing, must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).
m. User Representation, Obligations, and Consents. User (a) represents and warrants that (i) except as expressly provided in these General Terms and Conditions, User acknowledges and agrees that CCI neither makes nor shall be deemed to made or have made any representations or warranties of any kind or nature, either directly or indirectly or express or implied, either in fact or by operation of law with respect to FindMyInstrument™, and each User expressly acknowledges and agrees that CCI makes no warranties of merchantability, title, design, non-infringement, operation, or fitness for a particular purpose and all warranties arising from conduct, course of dealing or usage in trade with respect to CCI FIR™ and/or CCI FIR™ Database.
n. Opt-out of email marketing. User agrees that CCI may send newsletters and other emails to User’s email address for informational or marketing purposes. This consent may be revoked at any time.
o. Content on CCI FIR™ Database Is Not Professional Advice. FindMyInstrument™ content is for general informational purposes only. Although CCI hosts the information, this content is presented for general informational purposes only. It should not be taken as professional or legal advice. Please seek independent professional and legal counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained in FindMyInstrument™.
p. Users Must Refrain From Certain Activities. Certain activities, whether legal or illegal, may be harmful to other Users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other Users, you may not engage in such activities on our sites. These activities include, but are not limited to:
(i)Harassing and Abusing Others. Engaging in harassment, threats, stalking, spamming, or vandalism; and transmitting chain mail, junk mail, or spam to other Users.
(ii)Violating the Privacy of Others. (a) Infringing the privacy rights of others under the laws of the United States of America or other applicable laws (which may include the laws where you live or where you view or edit content); (b) soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by CCI; and (c) soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors.
(iii) Engaging in False Statements, Impersonation, or Fraud. (a) Intentionally or knowingly posting content that constitutes libel or defamation; (b) with the intent to deceive, posting content that is false or inaccurate; (c) attempting to impersonate another User or individual, misrepresenting your affiliation with any individual or entity, or using the username of another User with the intent to deceive; and (d) engaging in fraud.
(iv) Committing Infringement. Infringing copyrights, trademarks, patents, or other proprietary rights under applicable law.
(v) Misusing the Online Presence for Other Illegal Purposes.
- Posting child pornography or any other content that violates applicable law concerning child pornography;
- Posting or trafficking in obscene material that is unlawful under applicable law; and
- Using the online presence in a manner that is inconsistent with applicable law.
(vi) Engaging in Disruptive and Illegal Misuse of Online Presence.
- Posting or distributing content that contains any viruses, malware, worms, Trojan horses, malicious code, or other device that could harm our technical infrastructure or system or that of our users;
- Engaging in automated uses of the online presence that are abusive or disruptive of the online presence and have not been approved by CCI;
- Disrupting the online presence by placing an undue burden on the online presence or the networks or servers connected with the online presence;
- Disrupting the services by inundating any of the Project websites with communications or other traffic that suggests no serious intent to use the online presence for its stated purpose;
- Knowingly accessing, tampering with, or using any of CCI’s non-public areas in CCI’s computer systems without authorization; and
- Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met:
(a) Such actions do not unduly abuse or disrupt CCI’s technical systems or networks
(b) Such actions are not for personal gain (except for credit for your work)
(c) You report any vulnerabilities to CCI, and
(d) You do not undertake such actions with malicious or destructive intent.
(vii) Data and protection of data. Each User is responsible for safeguarding their own password and should never disclose it to a third party. If in the course of operating FindMyInstrument™, the storage, processing, and use of personal data of a User may be necessary or appropriate, then CCI will use its reasonable efforts to ensure that it is performed within the scope of the applicable data protection regulations. Additional information on this is provided in the Privacy Policy of CCI (attached) which is deemed to be part of these terms and conditions.
q. Enforcement
(i) Generally. If any provision of these terms and conditions shall be or become unenforceable and/or invalid, such unenforceability and/or invalidity shall not render these terms and conditions unenforceable or invalid as a whole. Any provision determined to be unenforceable or invalid shall be replaced by provisions which are valid and enforceable and closest to the original objectives and intents of the original provisions in an economic and legal sense that would have been agreed upon by the parties, had they known of the invalidity at the time of the agreement. As far as legally possible, CCI shall replace the clause in the above-mentioned extent.
(ii) Electronic Notices.
- If a User has provided an electronic mail address to CCI, then legal notice may be given to the User by CCI by email message addressed to such address.
- If a User attempting to give Notice to CCI receives a notice that the email message was not delivered, it shall give the Notice by United States mail, overnight delivery service, or facsimile.]
r. If the terms of the General Terms and Conditions and Privacy policy conflict with the express terms of a written contract between CCI and the User, then in any dispute as to which terms should govern, the express terms of such written contract will govern.
FindMyInstrument™™ PRIVACY POLICY
CCI acknowledges that information provided by a User or collected by CCI in administering FindMyInstrument™ may include personal data or business data.
- CCI will never sell your Personal Data or Business Data to anyone.
To the extent that your Personal Data or Business Data is provided to CCI by you as Content Provider of Record Data for FindMyInstrument™, you understand that CCI may publish your Personal Data or Business Data based on your explicit, informed, and freely given consent, despite our ability to redact or hide such data. This consent may be withdrawn by you at any time subject to the terms of the registration agreement.
If you request that certain Personal Data or Business Data be treated as confidential (such as individual personal contact information, or information other than Base Instrument Data), then CCI will take reasonable steps to ensure that third parties do not have access to such data, unless we provide such access in accordance with the terms below. We will also request that everyone we transmit your data to in accordance with this policy applies adequate security measures.
2. Compliance with Laws, Regulations, Etc.
CCI and/or FindMyInstrument™ are or may be subject to laws and regulations of various jurisdictions regarding personal information of natural persons, data security, and confidentiality, including requests from affected persons regarding the same, and to the valid requests and orders of law enforcement agencies, other government and/or civil authorities similarly authorized by applicable laws and regulations, and to courts of appropriate jurisdiction as required by law or regulations (the foregoing, collectively, the “Legal Compliance Obligation(s)”). Each User of FindMyInstrument™ acknowledges that CCI will comply with each such Legal Compliance Obligation to the extent that the Legal Compliance Obligation applies to CCI or FindMyInstrument™.
In connection with Legal Compliance Obligations, CCI may disclose your Personal Data or Business Data to law enforcement agencies, to other government and/or civil authorities similarly authorized by applicable laws and regulations and to courts of appropriate jurisdiction if so required by law or regulation. To ensure data accuracy and to prevent abusive use of our services, we may use third-party verification service providers to check the data you have provided. To assess our business operations, we may also provide access to your data to our auditors. For support purposes, we may provide access to your Personal Data or Business Data providers of third-party support services.
3. CCI processing of third-party data
By transmitting personal data of third parties (e.g., when a Content Provider of Record uploads Content for an instrument) the User acknowledges that it is responsible for informing affected parties about the terms of our privacy policy and for obtaining the necessary consent of those parties for the User’s use and CCI’s processing of their data.
4. Additional Purposes for processing
The data a User transmits to CCI is gathered as a part of maintaining FindMyInstrument™ and is required to establish a contractual relationship between User and CCI, for purposes required for CCI’s provision of the internet presence, to prevent abusive use of the internet presence, to enable CCI to provide information on updates, and to allow CCI to comply with applicable legal obligations.
5. Traffic data
Traffic data, e.g., data being collected and used to measure the amount of usage of a telecommunication service, will only be collected as necessary for the purpose of performance of services. We also collect traffic data with regard to any login attempts into our systems. Traffic data will not be stored longer than six months above the time required for the provision of the service. Traffic data will not be used to create user profiles.
6. Google Analytics
The FindMyInstrument™ uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer to help the website analyze how users use the site. The information generated by the cookie about your use of the website will be transmitted to and stored by Google on servers in the United States.
In case IP anonymization is activated for FindMyInstrument™, your IP address will be truncated within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. Only in exceptional cases will the whole IP address be first transferred to a Google server in the USA and truncated there. The IP anonymization is active on this website.
Google will use this information on behalf of CCI for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing them other services relating to website activity and internet usage.
The IP address that your browser conveys within the scope of Google Analytics, will not be associated with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this, you may not be able to use the full functionality of this website. You can also opt out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser:
https://tools.google.com/dlpage/gaoptout?hl=en.
7. Google Web Fonts
In the interest of a consistent and attractive presentation of fonts and our online offers, this website uses the “Google Web Fonts” service provided by Google.
When you access the page, the required web fonts are saved by your browser in your browser cache to display texts and fonts correctly. If your browser does not support Google Web Fonts, a default font will be used by your computer.
By using Google Web Fonts, the browser you use will connect to Google’s servers and report that our website has been accessed through your IP address. The use of Google Web Fonts is in the interest of a consistent and attractive presentation of our online services.
More information about Google Web Fonts can be found at
https://developers.google.com/fonts/faq and in Google’s Privacy Policy:
8. Cookies and other tracking technologies
When you visit or use FindMyInstrument™, we may request your approval to store certain information on your devices in the form of a cookie in order to better provide our services to you. Denial to accept our cookies may result in a loss of functionalities on our websites and user interfaces for you.
9. Changes to these policies. Please note that the Privacy Policy may be changed at any time with due regard to the applicable data protection and privacy regulations. The version being made available on the applicable website for FindMyInstrument™ at the time of a User’s most recent visit to the internet presence applies.