TERMS & CONDITIONS
Terms of Use
Your right to access the content on our website (this “Site”) and to use the services provided via this Site are subject to the terms and conditions set forth below. Any breach of these terms and conditions immediately terminates your rights with respect to this Site.
1. Content
The content provided on this Site (collectively, the “Content”) is and remains at all times the property of the ColaJazz Foundation (“ColaJazz”) or its licensors or suppliers. You may download and use the Content for your personal, non-commercial use. You may not resell or commercially exploit the Content, nor may you download or copy Content for the benefit of a third party. Any use of data mining, robots, or similar data gathering and extraction tools is expressly prohibited. You may not frame or utilize framing techniques to enclose any Content without the express written consent of ColaJazz. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein.
2. Subscriptions, Rentals & Ticket Purchases
Subscriptions, rentals and the purchase of tickets are subject to the terms and conditions set forth on this Site. Personal information you submit to us during subscriptions, rentals and/or the purchase of tickets via this Site will be treated by ColaJazz in the manner described in our Privacy Policy, located at: https://colajazz.com/privacy.
3. Intellectual Property Rights
The Content, and the selection, compilation, collection, arrangement and assembly thereof, are protected by United States and international copyright law, trademark law, and other laws. Other than as permitted in Section 1, above, or as permitted by applicable law, you may not copy, reproduce, republish, upload, post, transmit or distribute Content or other content or information available on or through this Site in any way without prior, written approval.
4. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1988 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe, in good faith, that materials hosted by ColaJazz infringe your copyright (for example, podcasts posted by ColaJazz), you (or your agent) may request that the material be removed, or access to it blocked. Requests, in this respect, should be sent to:
ColaJazz Foundation 2123 College Street Columbia, SC 29201
5. Disclaimers
THIS SITE, THE MATERIALS ON THIS SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ColaJazz AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
6. Limitation of Liability
NEITHER ColaJazz, NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS OR SPONSORS, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE AND/OR MATERIALS CONTAINED ON THIS SITE, ANY LINKED WEBSITE, OR ANY PRODUCT OR SERVICES PURCHASED THROUGH THIS SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR MATERIALS OR ANY LINKED WEBSITE IS TO STOP USING THIS SITE, MATERIALS, OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ColaJazz FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THIS SITE.
7. Jurisdiction
This Agreement is governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflicts of law principles.
8. No Waiver
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
9. Severability
If any provision of this Agreement is found to 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.
10. Content Submissions / Uploads
By submitting content for inclusion on the ColaJazz Jazz Calendar of Events you (i) represent and warrant that you have the legal right to do so and that your submission does not include material that is libelous, infringes any copyright or other right of any third party, or is otherwise illegal; and (ii) agree to indemnify, defend and hold harmless the ColaJazz Foundation from and against any and all claims, damages, costs, expenses, losses or other liabilities resulting from any breach of clause (i).
11. Entire Agreement
This is the entire Agreement between us relating to your right to access the content on this Site and to use the services provided via this Site, and supersedes any and all prior written or oral agreements between us with respect to such subject matter.