Terms and Conditions of Use and Privacy Policy

These Terms and Conditions of Use and Privacy Policy (the "Terms and Conditions") were last updated on June 01, 2006

("Modern Symphony").

As used in these Terms and Conditions, the term "Web site" refers to the Web site located at www.ModernSymphony.com as well as online services that include, but are not limited to, our E-mail newsletters, our archives, and our discussion forums. Modern Symphony does not control, and is not responsible for, any third-party site to which the Web site links.

You agree that your use of the Web site is subject to the following Terms and Conditions. These Terms and Conditions may be modified at any time and from time to time; the date of the most recent changes or revisions will appear on this page. Continued access to the Web site by you will constitute your acceptance of any changes or revisions to the Agreement. If you do not agree with the Terms and Conditions, please do not use this Web site.

The materials contained on the Web site are provided by Modern Symphony as a service to you for your noncommercial, personal use on an "as is, as available" basis and may be used by you for information purposes only. You acknowledge that you are using the Web site at your own risk. Modern Symphony assumes no responsibility for error or omissions in these materials. Modern Symphony makes no commitment to update the information contained herein. Modern Symphony makes no, and expressly disclaims any and all, representations or warranties, express or implied, regarding the Modern Symphony Web site, including without limitation the accuracy, completeness, or reliability of text, graphics, links, products and services, and other items accessed from or via the Web site, or that the Web site will be uninterrupted, error-free, or free of viruses or other harmful components. No advice or information given by Modern Symphony or any other party on the Web site shall create any warranty or liability.

Modern Symphony does not warrant or make any representations regarding the use or the results of the use of the materials at the Web site in terms of their correctness, accuracy, timeliness, reliability, or otherwise. Under no circumstances shall Modern Symphony or any of its parents, subsidiaries, affiliates, or their respective partners, officers, directors, employees, or agents be held liable for any damages, whether direct, incidental, indirect, special, or consequential, and including, without limitation, lost revenues or lost profits, arising from or in connection with your use, reliance on, or performance of the information on the Web site.

Modern Symphony periodically schedules system downtime for maintenance and other purposes. Unplanned outages also may occur. Modern Symphony shall have no liability for the resulting unavailability of the Web site or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers or the Internet infrastructure and network external to the Web site.

Copyright

All materials published on the Web site are protected by copyright laws, and may not be reproduced, republished, distributed, transmitted, resold, displayed, broadcast, or otherwise exploited in any manner without the express written permission of the copyright holders. You may download freely accessible material (one copy per page) from this Web site for your personal and noncommercial use only, without altering or removing any trademark, copyright, or other notice from such materials. In the event you believe that any content posted on the Web site infringes your copyright or other intellectual-property rights, you may notify Modern Symphony by providing the information required by the Online Copyright Infringement Liability Limitation Action of the Digital Millennium Copyright Act, 17 U.S.C. 512, to Modern Symphony's Copyright Agent.

User Generated Content

Modern Symphony, provides users an opportunity to post content to the Web site. Modern Symphony does not necessarily endorse, support, sanction, encourage, or agree with content posted by users. You shall not post or transmit any unlawful threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate and local, state, national, or international law, or infringe upon another's copyright or trademark. You understand that all information, data, text, software, music, sound, photographs, video, messages, or other materials posted or transmitted in a Modern Symphony, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. This means that you, and not Modern Symphony, are entirely and solely responsible for all content that you upload, post, or otherwise transmit via the Web site. Modern Symphony does not and cannot review the content posted by users and is not responsible for such content. However, Modern Symphony shall have the right, but not the obligation, to delete, move, or edit any content that violates this agreement or is otherwise objectionable as determined by Modern Symphony in its sole discretion and without notice.

If you upload, post, or otherwise transmit content to the Web site, you acknowledge that any such submissions may be edited, removed, modified, published, transmitted, and displayed by Modern Symphony in any medium now existing or hereinafter invented, and for any purpose, including commercial uses. You waive any moral rights you may have in having the material edited, removed, modified, published, transmitted, or displayed in a manner not agreeable to you. You agree to indemnify Modern Symphony and its parents, subsidiaries, and affiliates, and each of their respective partners, officers, directors, employees, and agents, against, and to hold each of them harmless from, any and all claims and liabilities (including attorney's fees) that may arise from your submissions, from your unauthorized use of material obtained from the Web site, from your breach of these Terms and Conditions, and from any such acts arising through your use of the Web site.

Jurisdiction

You agree that any claim, action, or proceeding arising out of these Terms and Conditions, or your use of the Web site, shall be governed by and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in New York. In addition, you agree to submit to the personal jurisdiction of such courts.

Privacy Policy

Modern Symphony does not collect personally identifiable information such as a name, postal address, E-mail address, telephone number, or credit card information. The information that is given by users during registration is not verified and used solely by the system for sending out forgoten passwords and such.

What are "cookies" and how do you use them? "Cookies" are pieces of information that are placed by a Web site in a storage place on your computer. Cookies do not contain information that is, in itself, personally identifying. Cookies are placed on your computer in a limited way to help site visitors to make the login process more convenient. You can refuse to accept cookies by switching this feature off in your browser.

Children's Online Privacy Protection Act

No children under 13 must register for submitting articles.
No one under the age of 13 should provide any personal information.
Modern Symphony does not knowingly collect personally identifiable information from children under 13.

If you are dissatisfied with any material on the Web site, or with any of terms and conditions for using the Web site, your sole and exclusive remedy is to discontinue using the Web site.