Legal Restrictions and Terms of Use Applicable to this Site Use of this Site Signifies your Agreement to the Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.
RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by Scholastic Inc. unless otherwise
indicated the contents of trumpetclub.com are the property of Scholastic
Inc. ("Scholastic") and are protected, without limitation, pursuant
to U.S. and foreign copyright and trademark laws. No material from
trumpetclub.com may be copied, reproduced, republished, uploaded,
posted, transmitted, or distributed in any way, except that you may
download one copy of the materials on any single computer for your
personal non-commercial use only, provided you keep intact all copyright
and other proprietary notices. Modification of the materials or use
of the materials for any other purpose is a violation of Scholastic's
copyright, trademark, and trade secret rights and others' proprietary
rights. For purposes of this Agreement, the use of any such material
on any other Web Site or networked computer environment is prohibited.
In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by Scholastic. Scholastic does not transfer title to the Software to you. As between you and Scholastic, Scholastic retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on trumpetclub.com.
Users are not permitted to upload to, distribute through, or otherwise
publish through trumpetclub.com any content which is libelous, defamatory,
obscene, pornographic, threatening, invasive of privacy or publicity
rights, abusive, illegal or otherwise objectionable that would constitute
or encourage a criminal offense, violate the rights of any party,
or that would otherwise give rise to liability or violate any law.
Users are solely responsible for the content of their messages. Scholastic is not responsible the content or accuracy of any information posted or transmitted by users of trumpetclub.com.
TERMINATION
This Agreement is effective until terminated by either party. You may
terminate this Agreement at any time by destroying all materials
obtained from trumpetclub.com and all related documentation and all
copies and installments thereof whether made under the terms of this
Agreement or otherwise. This Agreement will terminate immediately
without notice from Scholastic, if in Scholastic's sole discretion
you fail to comply with any term or provision of this Agreement,
if you are a repeat infringer of any third party's rights, or if
you engage in conduct that is illegal, tortious or that interferes
with the technological operation of this site. Upon termination,
you must destroy all materials obtained from trumpetclub.com and
all copies thereof, whether made under the terms of this Agreement
or otherwise.
DISCLAIMER
SCHOLASTIC MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO trumpetclub.com
OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." SCHOLASTIC
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, WITH RESPECT TO trumpetclub.com AND ANY WEB SITE WITH WHICH
IT IS LINKED. SCHOLASTIC DOES NOT WARRANT THE FUNCTIONS, INFORMATION
OR LINKS CONTAINED ON trumpetclub.com OR THAT ITS CONTENTS WILL MEET
YOUR REQUIREMENTS, THAT trumpetclub.com, OR ITS CONTENTS, ARE FIT
FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF trumpetclub.com
OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR
OTHER HARMFUL COMPONENTS. SCHOLASTIC DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON trumpetclub.com IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT SCHOLASTIC) ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE
LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL SCHOLASTIC BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
MATERIALS ON trumpetclub.com, EVEN IF SCHOLASTIC OR A SCHOLASTIC
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SCHOLASTIC'S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION
(WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE)
OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING
trumpetclub.com.
JURISDICTIONAL ISSUES
trumpetclub.com is controlled and operated by Scholastic from its offices
in New York, United States of America. Scholastic makes no representation
that materials on trumpetclub.com are appropriate or available for
use in other locations. Those who choose to access trumpetclub.com
from other locations do so on their own initiative and are responsible
for compliance with local laws, if and to the extent local laws are
applicable. Software from this site is further subject to United
States export controls. No software from trumpetclub.com may be downloaded
or otherwise exported or re-exported (i) into (or to a national or
resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other
country to which the United States has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders.
By downloading or using the Software, you represent and warrant that
you are not located in, under the control of, or a national or resident
of any such country or on any such list.
OTHER
This Agreement shall be governed by and construed in accordance with
the laws of the State of New York, without giving effect to any principles
of conflicts of law. You and Scholastic each agree to submit to the
exclusive jurisdiction of the Courts of the State of New York and
the federal courts of the Southern District of New York. If any provision
of this Agreement shall be unlawful, void or for any reason unenforceable,
then that provision shall be deemed severable from this Agreement
and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties relating
to the subject matter herein and shall not be modified except by
writing, signed by both parties.
PERMISSION FOR REPRINTS
All material on trumpetclub.com without limitation, is protected by
U.S. and foreign copyright and trademark laws. In order to receive
permission to reprint any material on trumpetclub.com (outside of
personal, non-commercial use), please write to:
Permissions Department
557 Broadway
New York, NY 10012
COPYRIGHT INFRINGEMENT CLAIM NOTICE AND PROCEDURE
Notification of a copyright infringement claim must be submitted to
the following:
Charles B. Deull
Senior Vice President, General Counsel
Scholastic Inc.
557 Broadway
New York, NY 10012
Phone: (212) 343-6633
Email: cdeull@scholastic.com
The notification must be in writing and include:
- A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of each alleged infringing copyrighted work or works;
- Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
- Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
- A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
