TERMS AND CONDITIONS OF MEMBERSHIP
1) For good and valuable consideration, the sufficiency of which is acknowledged by you and BunnyBass Musical Instrument Archive (bbMIA), you hereby agree to become a subscriber to bbMIA.org, and agree to be bound by all the terms and conditions set forth in this agreement (the "Agreement"). The parties to this Agreement are you, the Subscriber, and bbMIA.org. Subject to the terms and conditions set forth in this Agreement, bbMIA agrees to provide to you all the privileges of subscription to bbMIA.org available to a Subscriber in good standing. This Agreement is subject to change by bbMIA at any time, and changes are effective upon notice to the Subscriber by e-mail, posting at or via hyperlink to bbMIA.org, or by mail.
2) I acknowledge and agree that all materials contained at bbMIA.org are proprietary and constitute valuable intellectual property. I acknowledge and agree that as such, I may only access, view, download, receive and otherwise use the materials available at bbMIA.org only as authorized by the bbMIA. I agree that I shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials, directly or indirectly in places which the bbMIA does not authorize such access, viewing, downloading, receipt or other use. I hereby acknowledge and agree that no materials from any parts of bbMIA.org are authorized, and no materials are intended, by the bbMIA to be accessed, viewed, downloaded or used by, or transmitted, broadcast or otherwise disseminated in any manner unless previously granted permission by the operators of bbMIA. Failure to obtain proper permission before accessing, viewing, downloading, receiving or other use of materials from bbMIA shall constitute intentional infringement(s) of bbMIA.org's and potentially other's intellectual property rights and other rights in such materials and shall further constitute a violation of bbMIA.org's trademark and other rights, including, but not limited to, rights of privacy.
3) I agree to be personally liable and fully indemnify bbMIA.org for any and all damages directly, indirectly and/or consequentially resulting from my attempted or actual unauthorized downloading or other duplication of materials from bbMIA.org alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from unauthorized downloading of materials from bbMIA.org including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).
4) Some or all of the following fees and charges may be incurred by the Subscriber: a. Subscription Fees. The Subscriber is responsible for paying periodic subscription fees according to the then-current billing terms. Subscription fees are nonrefundable. Current membership is $4.95 for 1 (one) month.
5) Subscriptions may not be assigned or transferred to any other person or entity. Subscriber must promptly inform bbMIA of the following: changes in the expiration date of any credit card used in connection with bbMIA.org; changes in home or billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until bbMIA is notified of a breach in security, the Subscriber will remain liable for any unauthorized use of bbMIA.org.
6) Payment for the services provided to you at and/or through bbMIA.org may be made by automatic credit card and you hereby authorize bbMIA and its agents to transact such payments on your behalf. You agree not to report as lost or stolen any credit card which you have used in conjunction with payment to bbMIA.org, or as unauthorized any charge by bbMIA.org, for any goods or services, including subscription, for which you do not have good reason to believe is, in fact, lost, stolen or unauthorized. You hereby agree that any such fraudulent reporting of a lost or stolen credit card used to obtain goods or services from bbMIA.org or any fraudulent reporting of an unauthorized charge to bbMIA.org on your credit card which has been made by you or anyone under your authority, at a time when a charge or other obligation for payment for goods and/or services to bbMIA.org remains outstanding at the time of such fraudulent reporting, you shall be liable to bbMIA.org for liquidated damages of $25,000.00. The liability for liquidated damages specified in this Paragraph shall not limit any other liability you may have for breach(es) of any other terms, conditions, promises and warranties set forth in this Agreement.
7) Subscription to bbMIA.org may be terminated at any time, and without cause, by bbMIA upon notification by e-mail or by telephone. You agree to be personally liable for all charges incurred by you during or through the use of bbMIA.org. Your liability for such charges shall continue after termination of your membership for any reason.
8) Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to bbMIA.org. Access to and use of bbMIA.org is through the use of a password. Each Subscriber must keep her/his password strictly confidential. For security reasons, bbMIA.org will not release passwords. Unauthorized access to bbMIA.org is a breach of this Agreement and a violation of law.
9) Subject to the terms and conditions set forth herein, bbMIA.org hereby grants you a limited, non-exclusive and nontransferable license to use graphic files, panorama files, audio files, video files, text, hyperlinks, interlinks, search engines, and other software associated with authorized Subscriber use of bbMIA.org which bbMIA provides ("Materials") during the period in which you are a current Subscriber in good standing. You may use the Materials only in accordance with the terms and conditions of your membership, only on one computer at a time and, if downloadable copies of the Materials are made available by bbMIA.org, you may make only a single copy of such Materials for your personal use and enjoyment. You may not remove any propriety notices from Materials at any time. You may make no use of Materials not expressly authorized herein or by prior express written authorization from bbMIA. Prohibited uses, include, without limitation: (1) permitting other individuals to directly or indirectly use the Materials; (2) modifying, translating, reverse engineering, decompiling, disassembling the Materials (except to the extent applicable laws specifically prohibit such restriction); (3) making copies or creating derivative works based on the Materials except as provided herein; (4) renting, leasing, or transferring any rights in the Materials; (5) removing any proprietary notices or labels on the Materials; and (6) making any other use of the Materials. This license does not grant you any rights to any software enhancements or updates of any kind.
10) Except for public domain material or material otherwise licensed to bbMIA for electronic dissemination, all Materials displayed at or otherwise available through bbMIA.org are proprietary, and, except for initial downloading, may not be copied, redistributed, or downloaded, in whole or in part, without the prior written authorization of bbMIA. All editions of bbMIA.org, and all Materials and other matter used directly or indirectly in, at, by, through and/or with bbMIA.org are protected by the copyright laws of the United States, international copyright treaties and other laws and regulations. All rights are reserved. All intellectual property and other rights in and to the Materials and other matter at bbMIA.org shall at all times remain in bbMIA, its parent(s), subsidiary(ies), licensee(s) and assign(s). All intellectual property and other rights in and to any intellectual property content accessed through the Materials is the property of the applicable content owner, which may be the bbMIA, its parent(s), subsidiary or subsidiaries, licensee(s) and assign(s), or others, and may be protected by applicable copyright and/or other laws. The limited and non-exclusive license granted to you herein grants to you no rights to use such content except as set forth herein. This license will immediately terminate automatically if you fail to comply with the limitations described herein, breach any other provision of this Agreement, cease, for any reason, to be a Subscriber in good standing, or are notified of its termination by the bbMIA or its authorized agent(s). You agree that upon such termination, you will immediately destroy all copies of the Materials in your possession.
11) You agree that Materials and all other services provided to you by bbMIA are provided on an "AS IS" basis, without warranties of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Materials and all services provided by bbMIA is borne by you. Should the Materials or any other service provided by bbMIA prove defective and/or cause any damage to your computer or inconvenience to you, you, and not bbMIA, assume the entire cost and all damages which may result from any and all such defects. This disclaimer of warranty constitutes an essential part of the Agreement. Some states do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary from state to state or by jurisdiction. Under no circumstances and under no cause of action or legal theory, shall bbMIA, its suppliers, licensees, resellers, or other subscribers, or their suppliers, licensees, resellers or subscribers be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for loss goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages resulting from any use of Materials or other use of bbMIA.org.
12) bbMIA does not screen or endorse advertisements or communications submitted to bbMIA.org by third-party licensees, advertisers, or subscribers for electronic dissemination through bbMIA.org. Subscribers are therefore advised to use their own judgment to evaluate all advertisements and other communications available at or through the use of bbMIA.org prior to purchasing goods and/or services described at bbMIA.org or otherwise responding to any communication at bbMIA.org.
13) Any liability of bbMIA, including without limitation any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause or action, shall be strictly limited to the amount of membership fee paid by or on behalf of the subscriber to bbMIA for the preceding month. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
14) bbMIA is not liable for damages resulting from disseminating, failing to disseminate, or incorrectly or inaccurately disseminating any Materials, data, advertisement or other communication at or through bbMIA.org.
15) No warranty is made by bbMIA regarding any information, services, Materials or products provided through or in connection with the bbMIA.org, and bbMIA hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the availability, accuracy, or content of Materials, information, products, or services; 2) any warranties of merchantability or fitness for a particular purpose. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
16) "BunnyBass Musical Instrument Archive", "bbMIA.org", and "bbMIA" are service marks of BunnyBass Musical Instrument Archive, all rights are reserved.
17) All materials included at bbMIA.org are for the private use by Subscribers only. No other uses are intended by the bbMIA and any other use is strictly prohibited.
18) If bbMIA, should at any time provide any service which enables Subscribers to communicate with or otherwise share information with other Subscribers or persons providing any kind or service to Subscribers, you agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using bbMIA.org or other services provided to you by bbMIA. Transmission of such material OR any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling bbMIA to immediately terminate all rights to access to bbMIA.org. The desision as to whether or not your subscription may be cancelled rests entirely with the judgement of bbMIA's operators, and this termination of membership may be carried out immediately if so desired. You are solely responsible for all information which you submit, publish, display, disseminate or otherwise communicate through bbMIA.org even if a claim should arise after termination of service. If the bbMIA provides any such service described herein, you agree that all messages and other communications by you shall be deemed to be readily accessible to all other Subscribers who are authorized to access bbMIA.org and agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether the bbMIA provides any type of service described herein, you agree that you have hereby been informed and noticed that any and all messages and other communications which you submit to bbMIA directly or through bbMIA.org can be read by the operators and/or other agents of bbMIA, whether or not they are the intended recipient(s).
19) Notices from bbMIA.org to Subscribers may be given by means of e-mail, by general posting on bbMIA.org, by conventional mail, or by telephone. Communications from you to the bbMIA may be made by e-mail. All questions, complaints, or notices to bbMIA.org may be sent via email to .
20) This Agreement contains the entire agreement between the Subscriber and bbMIA regarding Subscribers' use of bbMIA.org, Materials and all materials directly and indirectly related thereto. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by bbMIA. This Agreement shall be governed by and construed under the laws of the State of New York and the United States as applied to agreements between New York state residents entered into and to be performed within the State of New York, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Unless otherwise explicitly stated, the provisions of this Agreement shall survive its termination.