Terms and Conditions

Terms & Conditions

Welcome to our website www.musicopia.net (the “Site”), the website of Musicopia, Inc. (“Musicopia”), a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Musicopia’s unwavering mission is to provide opportunities for children to experience, learn, perform, and appreciate music. Founded by a string quartet in 1974, Musicopia is a leader in revitalizing school music programs in the greater Philadelphia area, providing equitable access to music programming for youth including those attending under-resourced schools.

For more information about Musicopia or if you have any questions about our Terms & Conditions, please contact us by e-mail at info@musicopia.net. We would be happy to answer your questions or hear your concerns.

The Site contains extensive information, resources, and links (collectively, the “Material”) that may be of interest to you. Please note, however, that Material posted on the Site is not intended as legal advice nor should it be considered as such.

We have posted these Terms & Conditions to be in compliance with numerous laws that regulate the operation of an Internet website. The Terms & Conditions cover a variety of important issues, including the collection and use of your Personal Information (as defined in the Privacy Policy.

By accessing this Site, you acknowledge that you have read and understand these Terms & Conditions, and that you accept them and agree to be legally bound by them. You should not use this Site if you have any objections to any of these Terms & Conditions.

After reviewing these Terms & Conditions, if you have questions about Musicopia and/or about the use of materials on our Site, please contact us at:

Musicopia, Inc.
2001 Market Street, Suite 700
Philadelphia, PA 19103
Phone: 215-829-9522
E-mail: info@musicopia.net

The terms “you” and “user” as used in these Terms & Conditions refer to all individuals and/or entities accessing this Site for any reason.

Musicopia may revise these Terms & Conditions over time as new features are added to the Site or as Internet law and standards evolve. We will post those changes prominently but we recommend that you read these Terms & Conditions periodically when you visit the Site.

Your continued participation on the Site indicates your acceptance of the Terms & Conditions, including your acceptance of the Privacy Policy and of the collection, use, disclosure, management, and storage of your Personal Information.

1. Copyrights and Permissions

Please feel free to browse the Site. Except as otherwise noted, all Material on the Site is:

In general, you may review and print copies of Material displayed on the Site, provided that the Material (1) is only used for your personal and/or noncommercial purposes, and (2) retains, without alteration, all copyright, trademark and other proprietary notices and any copyright management information displayed on the Material as posted on the Site.

Downloading, printing, copying, distributing, transmitting, or otherwise making available any material on the Site for any commercial purpose is expressly prohibited without prior written permission. Please make such requests by e-mail to info@musicopia.net. We will evaluate your request and respond as soon as possible.

You may reproduce, distribute, transmit, publicly display, and/or publicly perform Material posted on the Site if done in accordance with 17 U.S.C. § 107 (“Fair Use”), 17 U.S.C. § 110 (the TEACH Act), or other applicable limitations and exemptions set forth in the U.S. Copyright Act and related laws. Musicopia recognizes that not every educational use qualifies for Fair Use or another legislative exemption; therefore Musicopia consents to use of Material on the Site for the limited purpose of classroom or workshop instruction in a school, educational organization, or other not-for-profit organization. In so using Material from the Site, users must (1) not materially alter the Material; (2) retain, without alteration, all copyright, trademark and other proprietary notices and any copyright management information; and (3) provide a link or other citation to the Site.

None of the material contained on the Site (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold, or redistributed without the prior written permission of Musicopia.

Musicopia has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.

For further information regarding permission to use the Material, please contact us by e-mail at info@musicopia.net.

2. Trademarks/Service Marks

Many of the trademarks/service marks and/or logos (collectively, the “Mark(s)”) displayed on the Site identify the products and services of Musicopia and certain third parties and inform the public as to the source of those products and services. Nothing contained on the Site should be construed as granting any right or license to use any Mark. Your misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:

In a manner likely to cause confusion;
To identify your products or services;
In, as, or part of your own trademarks or services marks;
In a manner that implies inaccurately a sponsorship, endorsement, or other connection Musicopia and your products, services, or other activities; or
In a manner that disparages or dilutes the Marks.

You are advised that Musicopia will enforce its intellectual property rights to the fullest extent of the law. You agree not to display or otherwise inappropriately use the Marks without prior written permission from Musicopia. Please make such requests by e-mail to info@musicopia.net. We will evaluate your request and respond as soon as possible.

3. Donations to Musicopia

Musicopia is grateful for your donations and support, which help Musicopia reach students who are underserved and cut off from the Philadelphia region’s rich cultural life by providing educational music enrichment programs in schools and communities.

All donations to Musicopia, including without limitation in connection with awards dinners and advertising[t1] , may be made through the Site by credit card or bank account, and are subject to the approval of the financial institution issuing the credit card or bank account. Musicopia shall not be liable in any way if any financial institution refuses to accept or honor your payment for any reason.

Each time you make a donation you are authorizing a charge to your designated account for the applicable amount.

Financial transactions related to your online donations to Musicopia are handled through Give Lively LLC, a philanthropist-funded, social-impact-driven tech company that collaborates directly with nonprofits to build better fundraising tech and give it away to them for free. Please visit its website to familiarize yourself with its payment processors, its terms and conditions, and its privacy policy. Information relating to your financial transactions will not be maintained on Musicopia servers. Information about how Musicopia handles personal data is available in the Privacy Policy.

4. Disclaimer of Third Party Sites

This Site provides links to other websites that we hope you will find helpful. Musicopia does not control the material presented in other sites, however. Musicopia does not vouch for or assume responsibility for the accuracy of such material and assumes no liability and shall not be responsible for damages arising from your ability to use those sites or for their content.

5. Additional Disclaimers and Limitation of Liabilities and Warranties

The Site may contain technical inaccuracies, typographical errors, and out-of-date information. Musicopia makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and Musicopia makes no warranty that the Site will meet your requirements. Musicopia reserves the right to make changes to the Site at any time.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE, INCLUDING THE SERVICES OFFERED ON OR THROUGH THE SITE, IS AT YOUR OWN RISK. Musicopia shall not be liable for any special, direct, indirect, incidental, punitive, or consequential damages, including without limitation, lost revenues or lost profits, which may result from the use of, access to, or inability to use the services and/or Site. (Because some jurisdictions do not allow the limitation or exclusion of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.) Musicopia makes no warranty, express or implied, as to the merchantability or fitness for a particular purpose with respect to any of the materials and/or services available from the Site, all of which are being offered “as is.” Musicopia assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Site, or your downloading of any materials from the Site.

6. Indemnification

You shall indemnify and hold harmless Musicopia, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Site, including any services offered through the Site, content that you submit through the Site, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

7. Intellectual Property Limitation of Liability

Musicopia respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Musicopia:

Identification of the copyrighted work(s) that you claim has been infringed;
Identification of where the material that you claim to be infringing is located on the Site;
A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;
Your address, telephone number, and e-mail address; and
Your physical or electronic signature.

The designated agent of Musicopia for notification of claims of copyright infringement on this Site can be reached as follows:

Address: Designated Agent for Intellectual Property
Caitlyn Biddle

                        Musicopia, Inc.
                        2001 Market Street, Suite 700
                        Philadelphia, PA 19103
                        Telephone:   215-829-9522
                        E-mail:  caitlyn@musicopia.net

Similarly, if you believe that any of your trademarks or service marks have been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of Musicopia.

8. User Generated Content and Guidelines

In the event that the Site provides users with the opportunity to submit, post and/or exchange information, including but not limited to data, text, software, music, photographs, graphics or artwork, video, audio, messages, or other materials, whether publicly posted or privately transmitted, you agree that you have read and are familiar with the following guidelines.

Please note that messages from users who violate our guidelines may be blocked. Users who violate our guidelines may also be sent a warning, and if necessary, will be banned from further posting.

You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (collectively, the “Content”) is the sole responsibility of the person with whom the Content originated. Therefore, you are responsible for all Content that you disseminate or transmit through or by means of the Site.
By posting Content on the Site, you grant to Musicopia a nonexclusive, worldwide, royalty-free, fully paid up, and irrevocable right and license to reproduce, distribute, transmit, publicly display and publicly perform the Content.
You will post honestly and in good faith and with the intention to inform accurately. We do not welcome people who wish to disrupt or insult other users. If we believe you are posting with the intent to cause disruption or harm to other users, you will be prohibited from further posting on the Site.

You agree not to:

(1) post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy;

(2) post, disseminate, or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;

(3) post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;

(4) impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Site;

(5) post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;

(6) interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;

(7) use the Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other websites, website providers, or the like; or

(8) violate any applicable laws or regulations.

9. Dispute Resolution

In the event of a dispute arising from or relating to the Site or these Terms & Conditions, you agree to submit such dispute to non-binding mediation in Philadelphia, Pennsylvania. If mediation is not successful within sixty (60) days, you or Musicopia may submit the dispute to arbitration by a single arbitrator in accordance with the rules of the American Arbitration Association in Philadelphia, Pennsylvania. Any action based on a breach of any provision of these Terms & Conditions may be brought to the federal or local courts presiding in Philadelphia, Pennsylvania, whichever is appropriate, and to whose jurisdiction you consent in such an action. Notwithstanding the foregoing, Musicopia may seek injunctive relief at any time to enforce its intellectual property rights.

10. Applicable Laws and Jurisdictional Issues

The Site shall be governed by the laws of the United States, including U.S. federal copyright and trademark laws, and the laws of the Commonwealth of Pennsylvania applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. By visiting and using the Site, you consent to the jurisdiction of the courts presiding in Philadelphia, Pennsylvania, and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

11. Compliance with Laws

You agree that you will not use the Site, or services provided on or through the Site, for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Site or services provided on or through the Site, in violation of any applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Site or services provided on or through the Site in violation of any such restrictions, laws, rules, or regulations, or without all necessary approvals.

12. Force Majeure

Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Musicopia is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, any pandemic, health emergency or other restrictions or limitations arising from a disease or illness, or any other cause beyond the reasonable control of Musicopia, then Musicopia shall not be responsible to you for any failure or delay in the performance of its obligations. Musicopia shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Musicopia from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

13. Headings

The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.

14. No Assignment

You may not assign your rights or obligations under these Terms & Conditions without the prior express written consent of Musicopia.

15. Invalidity of Provisions

In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.

16. No Waiver

Any failure by Musicopia to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

17. Changes to the Terms & Conditions

No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver, or change to these Terms & Conditions, unless such an amendment, waiver, or change is in writing from an authorized officer or representative of Musicopia.

18. Complete Understanding

These Terms & Conditions, including the Privacy Policy, constitute the entire understanding between Musicopia and you with respect to the Site.

Last Updated: June 8, 2020