MAKE MUSIC NEW YORK: LIMITATION OF LIABILITY
In order to participate in Make Music New York, you must agree to the following terms, which limit our liability.
1. All references to "we", "us" and "our" below, are references to "Make Music New York, Inc.". All references to "you" or "your" are references to anyone who registers by email, at www.makemusicny.org, at www.timeoutnewyork.com/makemusic, by phone, or in person as a musician or performer, or to provide a location for musicians or performers.
2. We are the voluntary resource coordinators of "Make Music New York," a unique international music event that will take place on June 21st, 2008 in New York City. We match Make Music New York volunteers (e.g. musicians and performers, schools and other volunteers) with Make Music New York locations based on the information received via our website, by email, by phone, or in person. To be involved in Make Music New York, you must agree to the document you are now reading, available at www.makemusicny.org.
3. We are not your partner, agent or representative and no aspect of our relationship with you creates any agency, partnership, employment or trust at law for any purpose whatsoever. We are not obliged to, nor will we make any, payment to you (royalty or otherwise) for your services as a Make Music New York musician or performer or for your location for use as a Make Music New York venue, equipment or other costs.
4. All registration forms will be our property. You may provide us with "Personal Information" when you complete the registration form (e.g. your name, age, address and phone number). We may use and communicate this Personal Information in the ways described in our privacy policy, a copy of which is available at www.makemusicny.org.
5. You authorize us and our assignees, licensees, servants, employees and/or agents to make recordings (both audio-visual and audio only) of your performances ("Recordings"). We will only use the Recordings for archival and promotional purposes and we will not commercially release CDs or DVDs of the Recordings, unless we negotiate the relevant permissions and terms with you by separate agreement. We will own all rights (including copyright) throughout the world in perpetuity in the Recordings including the right to: (a) broadcast and/or communicate the Recordings to the public via television broadcast (both during the Performances and from the Recordings); (b) communicate the Recordings over the Internet; (c) communicate the Recordings to the public on radio (both for simulcast with the Performances and for simulcast with any later broadcast or transmission of the Recordings); (d) communicate the Recordings via screens around the venue (if applicable); (e) include the Recordings or excerpts from the Recordings on a video, CD, DVD or in other promotional material related to Make Music New York; and (f) synchronize the Recordings with any media for any purpose set out in this paragraph. You will receive no additional payment for the uses of the Recordings. You acknowledge that we have the right to use your name, professional name, photographs, image, likeness and biography for any purposes connected with Make Music New York.
6. To the extent permitted by law, we expressly exclude all express or implied terms, conditions, warranties, statements, assurances and representations in relation to Make Music New York. If any of the exclusions or limitations set out in these terms are declared illegal or void or if you claim that there has been a breach of a term, condition, warranty, statement or assurance which cannot be excluded by these terms, to the extent permitted by law, our entire liability and your exclusive remedy is limited, at our discretion, to us supplying our services again. Nothing in this agreement excludes, restricts or modifies any condition, warranty, right or remedy implied or imposed by statute or regulation if it cannot lawfully be excluded, restricted or modified.
7. We have no involvement in the running or production of any event taking place during Make Music New York (Event). Accordingly we do not accept any responsibility: (a) if any Event is not capable of running as planned; (b) if any Event is cancelled or suspended; (c) for any problems or technical malfunction associated with any Event; (d) if your services are cancelled or suspended; or (e) for any injury, loss or damage incurred or caused by you in connection with your participation in Make Music New York or an Event.
8. To the extent permitted by law, in no event shall we be liable for, and you release us from any claim for, any direct, indirect, incidental, special, exemplary, or consequential damages however arising and on any theory of liability, including without limitation, contract or tort (including negligence or otherwise) in connection with your participation in Make Music New York even if we were aware of the possibility of such damage or if such damage was foreseeable.
9. You undertake and agree to indemnify us and keep us fully indemnified against all actions, suits, claims or demands, costs or expenses (including any and all of our legal fees on an indemnity basis) arising from or relating to: (a) any breach of these terms or any express or implied warranty or representation by you; (b) any claim by any person arising out of the provision of your services; and (c) any damage, injury or loss caused by or resulting from any willful act or negligence by you.
10. You agree that you will be liable for any loss or damage caused by you to any property of any Make Music New York venue, us or any musician, performer, employee, agent or contractor of any Make Music New York venue or for any unlawful or negligent act or omission by you.
11. This Agreement is subject to the laws of the State of New York and the parties submit to the exclusive jurisdiction of the courts of that State.
12. If any of these terms are found by any court or other competent authority to be illegal, unlawful or unenforceable, then the remainder of these terms shall continue to be valid and enforceable to the fullest extent permitted by law.
13. Any changes to these terms will be posted on the Make Music New York website at www.makemusicny.org. You will be bound by the version in existence at the time you initially agree.