Terms of Use

Clerestory Notes (“Website”) Terms of Use

Welcome to the website (“Website”) of Clerestory Notes: Music and words for heart and mind (“Clerestory Notes”). The following terms and conditions (“Terms of Use”) establish the terms under which you, the user (“You,” “User,” or “Users”) may access and use this Website and content appearing on and/or available to download and/or purchase from this Website (individually and collectively, “Content”) via a computer, mobile device, or other devices or application(s). Any person accessing or using the Website is a “User” for purposes of these Terms of Use. Use of the Website constitutes the User’s full agreement to comply with and be bound by these Terms of Use, as well as the Clerestory Notes Website’s Privacy Policy and DMCA Notice, which are included and incorporated by reference into these Terms of Use. The Website is owned and operated by Clerestory Notes and made accessible to Users pursuant to the specific terms and conditions of the Terms of Use and other policies, rules, procedures and practices established, posted and modified by Clerestory Notes and the Website from time to time, with or without prior notice to User. Users are solely responsible for monitoring the Website for changes to the Terms of Use and other Website policies and procedures. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE.

General Disclaimer. The Website may contain various Content, including without limitation facts, views, opinions, statements, articles, music, audiovisual materials, recommendations, advertisements, other content, and links to external websites not owned or controlled by the Website, Clerestory Notes, or their owners and operators (collectively, “Owners”). Neither the Website nor its Owners make any warranties or representations as to the accuracy, safety or value of Content created or owned by third parties, or for content of third-party websites linked to or from the Website, and assume no liability or responsibility for errors or omissions in Content. Use and reliance upon Website Content is taken at the User’s sole risk.

Description of Service. The Website provides Users with access to Website Content, and may also permit Users to access certain “Members Only” materials and/or to purchase goods and services through the use of a user account (“Account”). Users must obtain, provide, and maintain Internet access and required related equipment. Neither the Website nor its Owners accept any responsibility or liability for any User’s ability or inability to access the Website, purchase or access goods and services offered on or through the Website, or to take advantage of Website Content.

Limited Use License. Portions of the Website may enable or permit Users to access, download, purchase, read and/or listen to Content available in MP3, .pdf, or other viewable, downloadable and/or streaming formats (“Audiovisual Materials”). Audiovisual Materials are Website Content and subject to the Terms of Use (and/or terms of purchase, as appropriate). Audiovisual Materials are copyrighted under the laws of the United States and remain the exclusive property of the Website’s Owners and/or relevant third party copyright holders. Audiovisual Materials may not be downloaded for separate use or edited, altered, reproduced, copied, transferred, published, distributed, sold, rewritten, or modified. Audiovisual Materials may not be sold, shared, transferred, or distributed without the advance written consent of the Website’s Owners or the third party owners of the relevant Content. The Website Owners do not facilitate or arrange use licenses for third party Content.

Personal Use Only. The Website, Website Content, and related products and services are made available to Users for personal, non-commercial use only. Users may not: (a) copy, reproduce, edit, alter, overwrite, block, reproduce, or delete Content, (b) alter the Website’s appearance or functionality, or (c) use the Website or Content to advertise or sell another product or service without the advance written consent of the Website Owners, which may be withheld, conditioned, or denied at the Website Owners’ sole discretion. The Website Owners reserve the sole, exclusive, discretionary right to determine what constitutes “selling” and “advertising” and to grant or deny any person or entity the right to sell or advertise a product or service on or through the Website.

Online Sales. The Website Owners may (but have no obligation to) make certain products and/or services (“Products”) available for purchase and/or download through the Website. Purchasing Products constitutes the Purchaser’s representation and warranty that the relevant User is at least eighteen (18) years of age. Purchases must be made by credit/debit card or by other payment methods acceptable to the Website Owners, and may not be refundable. Purchasers are responsible for all applicable taxes, costs, and fees. If payment is not received by the Website Owners from a Purchaser’s credit or debit card issuer or its agents, the Purchaser hereby agrees to pay all amounts due immediately upon demand by the Website Owners. Certain Products purchased and/or downloaded from the Website may be subject to additional terms and conditions presented at the time of purchase. Users who purchase Products, including without limitation downloadable Content, will be required to provide payment and other personally identifying information. Users may be required to create an individual user account (“Account”) in order to purchase Products. Use of “do not track” or DNT mechanisms may prevent or prohibit Users from purchasing Products through, or accessing Content available on, the Website. Each User will notify the Website Owners immediately of unauthorized use of the User’s personal information or any other known breach of the Terms of Use. Each User is responsible for maintaining the confidentiality and security of that User’s personal and payment information. Users may not use stolen or fraudulent information for any purpose on or relating to the Website or for any reason or purpose that would violate or circumvent the Terms of Use, any Website policy, rule, procedure or practice, or applicable law.

User Accounts. The Website may provide Users with the opportunity to register for an individual user Account with the Website, and may allow Users with Accounts access to special Website Content and privileges not available to Users who choose not to obtain an Account, including without limitation the ability to purchase Products through the Website. Accounts may or may not be available free of charge. Account fees and benefits (if any) are subject to change from time to time, with or without notice. The Website will contain notices describing relevant Account fees, terms, conditions, and requirements. Only Users who register for an Account, pay any applicable fees, and abide by all applicable rules, policies, and procedures may access Website Content and utilize privileges restricted to or provided for Account holders only.

Passwords and Security. Users who register for an Account will be required to create a password and provide other information, some of which may be selected or provided by the User. Users who register for an Account agree to provide true, accurate, current, and complete information about themselves as prompted by the Website’s registration form, and to update that information as necessary to ensure Account information remains accurate and current for as long as the Account continues to exist. The Website and its Owners may terminate, suspend, and/or restrict access to any User Account at any time, with or without notice or cause. Each User is completely responsible for all activities occurring under or arising out of Accounts registered to, for, or by the relevant User, with no exceptions. Each User agrees to notify Clerestory Notes and the Website immediately of any unauthorized use of the User’s Account or any other known breach of the Terms of Use. Each User is responsible for maintaining the confidentiality and security of passwords and Account information. Users may change the password assigned to the User’s Account pursuant to instructions posted on the Website. Users may close existing Accounts and set up new Accounts at will, provided that a User may not close an existing Account and/or open a new Account: (a) for any reason or purpose which would violate or circumvent the Terms of Use, any posted policy, rule, procedure or practice of the Website, Clerestory Notes, or applicable law, (b) to commit any illegal act or misrepresent the identity of User or any third party, and/or (c) to re-establish an account or access to Website by or on behalf of any individual or entity whose use has been suspended or terminated by Clerestory Notes, the Website, or the Website’s Owners for any reason.

Protected Content. The Website and its Content are protected by copyright and other applicable laws. Users may access the Website only on a limited basis pursuant to these Terms of Use. The Website Owners reserve full ownership of, and all other rights to, Content created by or belonging to them. Users are not permitted to, and will not, make any claim to ownership of or other legal rights to Content belonging to Website’s Owners or any third party. The Website Owners will not act as intermediary for Users to obtain permission to use third party Content, mediate or resolve disputes between Users and third party Content owners, and/or accept responsibility or liability for wrongful use of Content by any person.

Intellectual Property. Trademarks, logos, service marks, trade names, and other intellectual property (collectively, "Intellectual Property") used or displayed on the Website or in Website Content are the sole and separate property of their respective owners. Intellectual Property may not be used, appropriated, or misappropriated by any person or User in any manner that would or is likely to violate applicable laws, cause customer confusion, and/or disparage or discredit their owners. Nothing contained on the Website is, or should be construed as, a grant of any license or right to use any Intellectual Property, whether expressly, by implication, or otherwise. Non-permitted use of Intellectual Property is strictly prohibited by law and by these Terms of Use.

DMCA Compliance. The Terms of Use include and incorporate the DMCA Compliance Notice (“DMCA Notice”) set forth elsewhere on the Website, as if fully set forth herein.

Privacy Policy. The Website Owners respect User privacy and will not disclose, sell, or monitor the name or contact information of any User except as reasonably required: (a) by law or to comply with legal process served on the Website or its Owners, (b) to comply with the Terms of Use and other Website policies, practices, and procedures, (c) to develop, improve, operate, maintain and debug the Website, (d) to fulfill purchases and orders, and/or (e) to protect and defend the rights, property and personal safety of the Website Owners, the Website, Users or the public. The Terms of Use include and incorporate the Website’s Privacy Policy, which is posted elsewhere on the Website, as if it was included and fully stated in these Terms of Use.

Modification, Termination. These Terms of Use and other Website policies are subject to change without notice. The Website Owners will notify Users of significant changes by posting them on the Website. Users are responsible for monitoring the Terms of Use and other Website policies for changes. Use of the Website indicates the User’s full and complete agreement to the Terms of Use and other Website policies, as enacted and as in effect from time to time, as if the User had signed a written document agreeing to each and all of them. The Website Owners reserve the sole, exclusive right to change, suspend or terminate the Website, Content, sales and purchase options, and related services at any time and from time to time, with or without cause or notice. The Website Owners are not liable to any User or third party for any change to, suspension or termination of the Website, Content, or related services. Website Owners reserve the right to suspend, delete, block out or eliminate Content (including without limitation links) at any time and for any reason, with or without notice. The Website Owners have no responsibility to provide Users with copies of suspended, deleted, blocked, or terminated Content. The Website Owners assume no responsibility or liability for deletion of or failure to store Content and/or User information.

Third Party Content. The Website may feature Website Content, including without limitation hyperlinks, advertisements, and promotions, created by or obtained from third parties not owned or operated by Clerestory Notes. EACH USER HEREBY RELEASES THE WEBSITE OWNERS AND OPERATORS, AND CLERESTORY NOTES, FROM ANY AND ALL LIABILITY RELATING TO CONTACT, COMMUNICATION, CONTRACTS, AND OTHER RELATIONSHIPS BETWEEN THE USER AND ADVERTISERS OR OTHER THIRD PARTIES NOT OWNED OR CONTROLLED BY THE WEBSITE OWNERS, INCLUDING WITHOUT LIMITATION LIABILITY FOR OR ARISING OUT OF WEBSITE CONTENT, LINKS, GOODS, SERVICES, TERMS, CONDITIONS, WARRANTIES & REPRESENTATIONS MADE BY OR CONNECTED WITH THIRD PARTIES. Clerestory Notes and Website assume no responsibility, obligation, or liability for contacts, communications, contracts, promotions or relationships between any User and any advertiser(s) or other third party. Users specifically understand and agree that Clerestory Notes and Website do not control all Website Content or websites linked from the Website, and that Clerestory Notes and Website disclaim all responsibility and liability for or relating to Website Content created, provided, uploaded, linked or posted by third parties not owned and legally controlled by Clerestory Notes, as well as the content of any website linked on or from the Website. Users accept full responsibility for accessing links (aka “hyperlinks”) on Website, and accept all foreseeable and non-foreseeable results of accessing websites by using links or hyperlinks.

Links to Website. No person or entity needs permission from Clerestory Notes or the Website in order to create or provide a hyperlink (“link”) to the Website. All persons and entities are placed on notice that Website and Website Content (as defined in the Terms of Use) may change at any time, with or without notice. Persons or entities linking to the Website accept full responsibility for the accuracy of links. Clerestory Notes and Website specifically disclaim any and all responsibility for third party links to the Clerestory Notes Website. Persons or entities linking to the Website may not capture, frame, or alter Website Content, may not claim ownership of or represent that Clerestory Notes Website Content is owned or created by the linking party, or otherwise misrepresent or misinform users about the nature, quality, origin or use of Website Content, Clerestory Notes, or the Website. The only exception to this paragraph is persons or entities who actually own or provide Website Content, who may acknowledge and/or claim such ownership as permitted by law, subject to any agreement with Clerestory Notes or Website. Links to the Clerestory Notes Website must be “full forward” links which pass the user’s browser to the Clerestory Notes website with no encumbrances and permit the User’s browser “back button” to return the visitor to the originating website.

User Conduct. Users hereby agree: (a) to comply with the laws of the United States and the state of California, including without limitation laws governing the transmission of technical data exported from the United States through the Internet and other electronic media, (b) to comply with all posted policies, procedures, and practices, including without limitation these Terms of Use, (c) not to disrupt, interfere with, “hack” or access the Website, (d) not to use the Website or the Website Owners’ names for or in connection with chain letters, junk mail or spamming, (e) not to use or assist others in using Content in any manner which violates the laws of the United States, other applicable laws, or these Terms of Use, (f) not to create, provide, upload, link, post or transmit any information to or through the Website, and not to use Content, in any manner which encourages or incites conduct which gives rise to actual or potential criminal or civil liability or violates applicable law, and (g) not to intentionally interfere with the operation of the Website or the use and enjoyment of the Website by other Users. The Website Owners reserve the right to take legal action and obtain legal or equitable remedies against any User who breaches or fails to follow the Terms of Use.

Suggestions. The Website Owners do not accept or consider unsolicited ideas, suggestions or proposals relating to the Website (collectively “Ideas”). Ideas sent to the Website or its Owners will be considered non-proprietary, non-confidential and fully released for use by the Website Owners and the Website free of costs, royalties, fees, charges, or other compensation. Neither the Website nor its Owners have any obligation or liability to any User or third party relating to or arising out of the use, nonuse, disclosure, publication, or receipt of Ideas.

Acceptance of Risk, Indemnity. Users download, obtain, access, and use the Website and its Content at the User’s sole discretion, risk, and responsibility. Users accept sole responsibility and liability for any and all injuries and/or damage to persons and property, including without limitation damage to computers, operating systems, software, networks, servers, and data files resulting from using, accessing, streaming or downloading Content. Users will indemnify Website Owners from and against any and all claims, losses, liabilities, damages, demands, suits, causes of action, judgments, costs and expenses, including without limitation court costs and attorneys’ fees, resulting from or arising out of the User’s conduct (including without limitation access, use, and reliance upon Content), and any breach of these Terms of Use by the indemnifying User or persons using the User’s computers or other devices. Use of the Website may result in exposure to Content or information with which Users may not agree and/or that may be hazardous or offensive to some individuals. Users covenant and agree to hold the Website Owners harmless from and against any claim, loss, damage, or other effect (including without limitation personal injury or death) resulting from exposure to the Website or its Content.

DISCLAIMER OF WARRANTIES. USERS AGREE TO USE THE WEBSITE AND CONTENT AT THEIR OWN SOLE RISK AND RESPONSIBILITY. ACCESS TO THE WEBSITE IS PROVIDED ON AN “AS-IS,” “AS-AVAILABLE” BASIS WITH NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE WEBSITE OWNERS SPECIFICALLY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND MAKE NO WARRANTY OR REPRESENTATION THAT WEBSITE, CONTENT, AND RELATED GOODS AND SERVICES: (A) WILL MEET THE NEEDS OR REQUIREMENTS OF USER OR WILL BE COMPATIBLE WITH ANY USER’S PERSONAL HEALTH AND NEEDS AND/OR THE USER’S HARDWARE, SERVER, SYSTEM, NETWORK, OPERATING SYSTEM, SOFTWARE, INTERNET SERVICE PROVIDER OR OTHER TECHNICAL SPECIFICATIONS, (B) WILL BE ACCURATE, AVAILABLE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (C) WILL PROVIDE OR ENABLE USERS TO ACHIEVE A GIVEN OR DESIRED RESULT, OR (D) WILL BE REPAIRED, UPGRADED, DEBUGGED OR FUNCTION WITHOUT ERROR, MISTAKE OR OMISSION. WEBSITE OWNERS MAKE NO WARRANTY AND ACCEPT NO RESPONSIBILITY OR LIABILITY FOR CONTENT, MATERIALS, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR DOWNLOADED FROM WEBSITE. THIS DISCLAIMER OF WARRANTIES MAY BE AMENDED OR MODIFIED ONLY BY A WRITTEN INSTRUMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE WEBSITE OWNERS WHICH SPECIFICALLY STATES THAT IT MODIFIES THESE TERMS OF USE. EXCLUSIONS, LIMITATIONS AND DISCLAIMERS CONTAINED IN THIS DISCLAIMER OF WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. INDIVIDUAL USERS’ RIGHTS MAY VARY BY JURISDICTION.

LIMITATION OF LIABILITY. THE WEBSITE OWNERS AND WEBSITE STAFF DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE ACCURACY, INACCURACY, LEGALITY, RELIABILITY, OPERABILITY, FUNCTIONALITY, AVAILABILITY AND CONTENT OF ANY AND ALL WEBSITE CONTENT. THE WEBSITE OWNERS DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR DAMAGES AND INJURY (INCLUDING WITHOUT LIMITATION PERSONAL INJURY) ARISING OUT OF, RESULTING FROM OR RELATING TO USERS’ USE OF CONTENT OR THE WEBSITE. THE WEBSITE OWNERS DISCLAIM ANY AND ALL RESPONSIBILITY AND LIABILITY FOR INJURIES, DAMAGES, ERRORS, AND OMISSIONS, AND FOR SUSPENSION, DELETION, MISDELIVERY OR UNAVAILABILITY OF THE WEBSITE AND WEBSITE CONTENT. THE WEBSITE OWNERS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY AND ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, CAUSED BY, RESULTING FROM OR ARISING OUT OF: (A) USE, MISUSE OR LACK OF USE OF WEBSITE OR WEBSITE CONTENT, (B) CONTENT, MATERIAL, INFORMATION, ADVICE, GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR AS A RESULT OF THE WEBSITE, OR DOWNLOADED FROM THE WEBSITE, (C) MESSAGES SENT, RECEIVED, INTERRUPTED OR DELETED, TRANSACTIONS ENTERED INTO AND ANY OTHER ACTION TAKEN OR NOT TAKEN AS A RESULT OF AUTHORIZED OR UNAUTHORIZED ACCESS TO THE WEBSITE, (D) WEBSITE CONTENT CREATED, PROVIDED , UPLOADED, DOWNLOADED, LINKED OR POSTED BY USERS OR THIRD PARTIES, OR (E) ANY OTHER CAUSE, EFFECT, ACTION, CONSEQUENCE OR DAMAGE NOT DIRECTLY CAUSED  BY OR RESULTING FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE WEBSITE OWNERS. EACH USER ACCEPTS SOLE RESPONSIBILITY FOR EVALUATING THE APPROPRIATENESS, ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT AVAILABLE ON OR THROUGH THE WEBSITE. EXCLUSIONS AND DISCLAIMERS CONTAINED IN THIS LIMITATION OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE RIGHTS OF USERS MAY VARY BY JURISDICTION.

Other Terms. These Terms of Use represent the only, final, complete and exclusive understanding between Users and the Website Owners, and supersede any prior or contemporaneous oral or written agreements. Modifications of these Terms of Use posted on the Website are effective when posted and are, by definition, authorized modifications approved in writing by the Website Owners. The Terms of Use were written in and will be construed and enforced in accordance with the laws of the State of California. User’s acceptance of the Terms of Use is taking place within the State of California, regardless of the User’s state of residence, to the maximum extent permitted by applicable law. Users agree to submit to the personal jurisdiction of the Federal or state courts located in Sacramento, California for purposes of any legal action commenced under or arising out of the Website policies, the Website, or use thereof. Nothing contained in the Terms of Use will be interpreted to require the commission of an illegal act or a violation of applicable law. If any conflict arises between the Terms of Use and any other Website policy and/or applicable law the law will prevail, the relevant provisions of the Terms of Use or Website policy will be deleted, modified or limited to the limited extent necessary to comply with the law and all other provisions of the Terms of Use and/or policy will remain in full force and effect. Notices required by law or these Terms of Use must be made in writing. Website Owners and Website may provide valid, effective notice to Users by posting or broadcasting notices on the Website. Notices posted on the Website are deemed given when posted. Failure to enforce any provision of the Terms of Use or any Website policy does not and will not constitute a waiver of the right to enforce the same or any other provision or policy against the same or any other User in any subsequent situation.

Changes, User Agreement. These Terms of Use and all other Website policies, are subject to change without notice. Clerestory Notes and Website will notify Users of significant changes by posting a notice on the Website. Minor changes will be posted or included in the Terms of Use or relevant Website policy. Users are responsible for monitoring the Terms of Use and other Website policies for changes. Use of the Website indicates the User’s full and complete agreement to each and every one of the Terms of Use, as amended, modified, or restated from time to time, and all other Website policies as if the User had signed a written document agreeing to them.

Acceptance by User. Using the Website constitutes the relevant User’s full and complete agreement to each and every one of the Terms of Use and all other posted Website policies, as initially posted and as modified from time to time, as if User had signed a written document agreeing to them.