TERMS AND CONDITIONS

Effective 06/17/2021

The following Terms and Conditions are a legal contract between Gary P. Gilroy Publications, Inc dba GPG Music (“GPG”), with offices located at 5365 Mae Anne Ave, B14, Reno, Nevada 89523 and you ("you" and "your") regarding your use of Our Virtual Ensemble (the Services). Visitors and users of the Services are referred to individually as "User" and collectively as "Users". The entity, School, Band, orchestra, etc. hiring GPG’s Services is known as the “Client”. GPG and the Client referred to collectively as the "Parties".

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE PRIVACY POLICY (COLLECTIVELY, THE "TERMS").

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN RESPECT OF SUCH CHILD'S USE OF THE WEBSITE. IF YOU ARE SCHOOL OR ORGANIZATION PERSONNEL AND YOU REGISTER, YOU AGREE, ON BEHALF OF YOUR INSTITUTION, THAT THE YOU ARE BOUND BY THE TERMS, UNLESS YOUR INSTITUTION HAS A SEPARATE WRITTEN SERVICE AGREEMENT WITH GPG THAT ACCEPTS THESE TERMS ON BEHALF OF SCHOOL OR ORGANIZTION.

The Services include use of the http://XXXXX.OurVirtualEnsemble.com website (“OVE Site”) or through links provided by GPG to the User or Client, and any data or files of any type submitted to GPG.

 

Services are provided only to Client’s after they have singed GPG’s Our Virtual Ensemble Agreement sent via our e-signature service.

1. ACCESS TO THIS SITE

To access this site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If GPG believes the information you provide is not correct, current, or complete, OVE has the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time.

2. RESTRICTIONS ON USE

You may use this site for purposes expressly permitted by this site. As a condition of your use of GPG’s website(s), you warrant to GPG that you will not use the website(s) for any purpose that is unlawful or prohibited by these terms, conditions, and notices. For example, you may not (and may not authorize any party to) (i) co-brand this site, or (ii) frame this site, or (iii) hyper-link to this site, without the express prior written permission of an authorized representative of GPG. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with GPG in causing any unauthorized co-branding, framing or hyper-linking immediately to cease. In addition, you may not use GPG’s website(s) in any manner which could disable, overburden, damage, or impair the website(s) or interfere with any other party’s use and enjoyment of the website(s). You may not obtain or attempt to obtain any materials, content, or information through any means not intentionally made available or provided for through the website(s).

3. PROPRIETARY INFORMATION

The material and content accessible from this site, and any other website owned, operated, licensed, or otherwise controlled by GPG (the “Content”) is the proprietary information of GPG or the party that provided or licensed the Content to GPG, whereby such providing party retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of GPG, except that you may print out a copy of the Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these Terms and Conditions violates GPG’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.

 

4. HYPER-LINKS

This site may be hyper-linked to other sites which are not maintained by, or related to, GPG. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or GPG. GPG has not reviewed any or all of such sites and is not responsible for the content of those sites. GPG is not responsible for webcasting or any other form of transmission received from any hyper-linked site. Hyper-links are to be accessed at the user’s own risk, and GPG makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. GPG provides hyper-links as a convenience, and the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by GPG of that site or any association with its operators.

5. USE OF COMMUNICATION SERVICES

GPG’s websites and Services may contain forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, “Communications Services”). You agree to use the Communication Services only to post, send and receive messages and content that are proper and related to the particular Communication Service.

Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this site any material that:

i) you do not have the right to post, including proprietary material of any third party, such as files containing software or other material protected by intellectual property laws (or by rights of privacy or publicity);

ii) advocates illegal activity or discusses an intent to commit an illegal act;

iii) is vulgar, obscene, pornographic, or indecent;

iv) does not pertain directly to this site;

v) threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

vi) seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

vii) harvests or otherwise collects information about others, including e-mail addresses, without their consent;

viii) violates any law or may be considered to violate any law;

ix) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

x) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissible uploaded;

xi) advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;

xii) solicits funds, advertisers or sponsors;

xiii) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

xiv) disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;

xv) includes MP3 format files;

xvi) amounts to a “pyramid” or other like scheme, including contests, chain letters, and surveys;

xvii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this site or any networks connected to this site; or

xviii) contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

GPG reserves the right to monitor use of this site to determine compliance with these Terms and Conditions, as well as the right to remove or refuse any information for any reason. GPG reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. GPG also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. Materials uploaded to a Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials.

Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither GPG nor any third party that provides Content to GPG will assume or have any liability for any action or inaction by GPG or such third party with respect to any submission. GPG cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. GPG does not control or endorse the content, messages or information found in any Communication Service and, consequently, GPG specifically disclaims any liability with respect to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized GPG spokespersons, and their views do not necessarily reflect those of GPG.

6. SUBMISSIONS

You hereby grant to GPG the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to GPG through this site (together, the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. GPG will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future GPG operations.

GPG will treat any personal information that you submit through this site in accordance with its Privacy Policy [insert hyperlink].[JR1] 

7. DISCLAIMER

You understand that GPG cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. GPG does not assume any responsibility or risk for your use of the Internet.

The Content is not necessarily complete and up-to-date and should not be used to replace any written agreements,  reports, statements, or notices provided by GPG.

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. GPG DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GPG DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE 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 OR OTHER HARMFUL COMPONENTS. GPG DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND GPG MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT GPG, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. GPG MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

8. LIMITATION ON LIABILITY

GPG, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF GPG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF GPG AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO GPG FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.

This provision limits liability to a specific dollar amount, in this case $100, for any incidental or other damages incurred from use of the website.

9. TERMINATION OR RESTRICTION OF ACCESS

GPG reserves the right, in its sole discretion, to terminate your access to any or all of GPG’s websites and the related Services or any portion thereof at any time, without notice.

10. TRADEMARKS AND COPYRIGHTS

Trademarks, service marks, logos, and copyrighted works appearing in this site are the property of GPG or the party that provided the trademarks, services marks, logos, and copyrighted works to GPG. GPG and any party that provided trademarks, service marks, logos, and copyrighted works to GPG retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing in this site.

All contents of GPG’s websites are: Copyright © 2020 Gary P. Gilroy Publications, Inc dba GPG Music. All rights reserved.

11. SECURITY

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). GPG will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that GPG considers insecure, GPG will be entitled to require the password to be changed and/or terminate your account.

You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, GPG reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. GPG reserves the right to investigate suspected violations of these Terms and Conditions.

GPG reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction GPG to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS GPG FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY GPG DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER GPG OR LAW ENFORCEMENT AUTHORITIES.

12. MISCELLANEOUS

These Terms of Use will be governed and interpreted pursuant to the laws of Nevada, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Nevada in connection with any dispute between you and GPG arising out of these Terms and Conditions or pertaining to the subject matter hereof. The parties to these Terms and Conditions each agree that the exclusive venue for any dispute between the parties arising out of these Terms and Conditions will be in the state and federal courts in Reno, Nevada.

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GPG as a result of this agreement or use of GPG’s websites.

These Terms and Conditions constitute the entire agreement among the parties relating to this subject matter and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and GPG with respect to GPG’s websites, except for Our Virtual Ensemble Agreement and the Participation Agreement. If there is any conflict between the Terms and Conditions and Our Virtual Ensemble Agreement and the Participation Agreement, the Our Virtual Ensemble Agreement and the Participation Agreement shall control.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain.

GPG may revise these Terms and Conditions at any time by updating this posting.

PRIVACY POLICY

Our Commitment To Privacy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

 

The Information We Collect

 

This notice applies to all information collected or submitted to GPG on the OVE Site or through links provided by GPG to the User. The use of the Services will require information including Participant name and email address to submit video files. Videos files are downloaded directly to the GPG Music secure repository. The personal information collected at these pages are:

  • PARTICIPANT NAME

  • AGE

  • SCHOOL/ORGANIZATION NAME

  • ENSEMBLE NAME

  • PARTICIPANT ADDRESS

  • PARTICIPANT PHONE

  • Performance video or audio recording submitted by the performer

The Way We Use Information

We use the information you provide to GPG about yourself when active on the OVE Site to share with your band director or your teacher for grading and progress purposes. The videos submitted are edited into the final product the Client has purchased from GPG. We access, edit, and incorporate these videos with permission granted in the participation agreement. 

 

Disclosure of Information

GPG will only transfer or otherwise disclose the information it collects from children under 13 to employees and independent contractors of GPG, its subsidiaries, affiliates, and third-party service providers if the information will enable that party to perform a business, professional, or technical support function for GPG, or if required to do so by law. We will also transfer or otherwise disclose personal information in response to judicial process, to comply with legal requirements, and, as permitted under provisions of law, to provide information to law enforcement agencies or in connection with an investigation on a matter related to public safety. We may also use your information as permitted by law to protect our rights or property, the OVE Site, or its users. Our third-party service providers provide support for the internal operations of GPG, the OVE Site and are required not to disclose this information to any other third party who is not a third party service provider of GPG for any purpose.

How to modify and delete your child’s information

Please call us at 800-511-4634 ext. 1 or send us an email at admin@gpgmusic.com if the parent or guardian would like to review, modify, or have deleted a child users personal information and refuse to permit its further collection or use by OVE.

 

Our Commitment To Data Security

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

 

Our Commitment To Children's Privacy

Protecting the privacy of the very young is especially important. For that reason, we only collect or maintain information at our Virtual Classroom website from those who are 13 and under if explicit parent/guardian consent is given prior to our collection of any information. If explicit parent/guardian consent is not given, the user will not be permitted to proceed through the Virtual Classroom beyond stage 1. In this case, teachers will provide these students with the necessary instructional materials to participate in the project.

 

Links to other sites

The Services may link to and may be linked by websites operated by other entities or individuals. Some of these websites, such as Dropbox, may or may not be co-branded with our name or logo. To the extent that any of the third-party sites accessible through this website has different privacy practices from those stated in this Policy, those third-party privacy practices govern the collection and use of information you provide when visiting those sites. You should consult the respective privacy policies of those third-party websites. GPG is not responsible for the policies, content, and practices of other companies.

 

Third-Party Video Sites

The Services use third-party website, such as YouTube, to display video content on the Services. Third-party sites may incorporate tracking technologies, which may be present in the videos embedded on the Service, which may collect information from your browser when you view the video on the Service, including device identifiers and/or cookie IDs. This information is collected directly and automatically by these third-party sites and its partners, and OVE Site does not participate in these data transmissions. OVE Site does not provide any personal information, such as usernames, to third-party sites.

 

Consent

By continuing to use the Services past the conclusion of the participation agreement, you hereby consent to our Privacy Policy and agree to its terms.

 

How To Contact Us

Should you have other questions or concerns about these privacy policies, please call us at 800-511-4634 ext. 1 or send us an email at admin@gpgmusic.com.