Acceptance of Terms of Use
Please read through these Terms of Use carefully. By accessing and/or using Kim Kraut’s website at www.Kim Kraut.com (the “Public Site”) or by otherwise accessing any content found on the Site, you are deemed to have entered into an agreement with Kim Kraut and to have agreed to be bound by the terms set out below.
The Site is owned and operated by 3by400, Inc.
Purchases and Refund Policy
Learning media and single tracks are available for the price listed at time of purchase. Downloads are available for 15 days from time of purchase. Purchases can be downloaded a maximum of 50 times. Purchases may be downloaded to multiple devices and/or burned to CD, but ownership of titles is not transferable.
Due to the nature of downloadable media, all sales are final and refunds cannot be given.
Intellectual Property Protection
The contents and design of the Sites and any material electronically provided to you or otherwise supplied to you in conjunction with the Sites (such contents, design and materials being collectively referred to as the "Kim Kraut Content"), are copyright of 3by400. and the other contributors to the Sites. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as the “Kim Kraut” name and logo or other trade names appearing on the Sites) for any reason without written permission from 3by400 or the identified owner. The software which operates the Sites is proprietary software and you may not use it except as expressly allowed under these Terms of Use. You may not copy, reverse engineer, modify or otherwise deal with the software.
Recordings are for educational purposes only. Purchasing these recordings does not constitute purchase of, nor permission to reproduce or perform these arrangements. Please make sure that you have paid for all arrangements that you use! Mechanical Licensing Fees are the responsibility of the purchaser, not of the producer. These recordings may be maintained on purchaser's website provided they are password protected for members only or they may be shared via email or CD with all members of purchasing group, but are for non-commercial use only.
Use of KimKraut Content
You may retrieve and display the Kim Kraut Content on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your computer for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Kim Kraut Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Kim Kraut:
- reproduce or store in or transmit to any other website, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the 3by400 Content, or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the KimKraut.com Content (including use as part of any library, archive or similar service) without the prior written consent of 3by400, or
- remove the copyright or trade mark notice from any copies of the KimKraut.com Content made under these Terms of Use.
- Any use of the KimKraut.com Content not specifically permitted above is expressly prohibited.
Third Party Transactions
You may use the Site to purchase products or services from 3by400's third party partners. In that event, your contract for such products will be with the third party partner and not with 3by400.
The purchase of learning tracks on this site does not constitute payment for licenses and/or fees required to publically perform the arrangement. These fees are paid to the arranger, not to 3by400. Upon purchase of learning media from KimKraut.com, a notification to the arranger is automatically generated that allows them to track the purchase of learning media for their arrangements that appear on the site. No monies are exchanged between 3by400 and these arrangers.
Term and Termination
3by400 may, in its discretion, terminate or suspend your access to all or part of the Sites (including any right to access and use the KimKraut.com Content) with cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of 3by400 provided in these Terms of Use or by law.
Changes to the Sites
3by400 reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the KimKraut.com Content available on the Site at any time.
Registration, Passwords and Responsibilities
The Site is only open to you if you register and are a member of the KimKraut.com community (includes KimKraut.com students, chairs, speakers, KimKraut.com Associates or staff). You are solely responsible for the confidentiality and use of and access to the KimKraut.com Content and the Member Site using your user name and sign-on password. You agree to immediately notify 3by400 if you become aware of any loss or theft of any sign-on password or any unauthorized use of a sign-on password, user name, or of the KimKraut.com Content or the Sites. You will provide 3by400 with accurate, complete registration information (including in particular your e-mail address) and inform 3by400 of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms of Use, 3by400 reserves the right to monitor and record activity on the Site, including access to the KimKraut.com Content.
Privacy Policy
The information that you provide about yourself to 3by400 will only be used in accordance with 3by400's Privacy Policy Statement.
No Warranty, Disclaimer of Liability and Indemnity
While every effort has been made to ensure the high quality and accuracy of the Sites, 3by400 makes no warranty, express or implied concerning the KimKraut.com Content, the Sites, software or products or services available through the Sites (the "Site Services"), which are provided "as is". 3by400 expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will 3by400, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if 3by400 has been advised of the possibility that such damages may arise. 3by400 does not guarantee the accuracy, content, or timeliness of the KimKraut.com Content or Site Services or that they or related systems are free from viruses or other contaminating or destructive properties.
In no event will any liability of 3by400, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms of Use by 3by400 exceed the amount, if any, paid by you to 3by400 in respect of the particular Site Service to which the claim relates or by way of membership dues.
Upon 3by400's request, you agree to defend, indemnify and hold harmless 3by400 from any claims and expenses, including reasonable legal fees, related to any breach of these Terms of Use by you or your use of any Site Services.
Force Majeure
3by400, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the KimKraut.com Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.
Changes to these Terms
3by400 may, in its discretion, change these Terms of Use (including those relating to your use of Sites and/or the KimKraut.com Content). When the Terms of Use are changed, 3by400 will notify you by e-mail or by publishing details of those changes by including them in these Terms of Use. If you use the Sites after 3by400 has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Sites any further after they are published. Access to certain the KimKraut.com Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other websites
Parts of the Site may contain third party content. Content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. 3by400 is not responsible for any third party content. The Sites may contain links to other websites. 3by400 is not responsible for the availability of these websites or their contents.
Assignment of Agreement
This agreement is personal to you and your rights and obligations under these Terms of Use may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by 3by400.
Non-Waiver
No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices
Notices to 3by400 must be given in writing by letter and sent to 3by400’s last known place of business in Kansas City, MO (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations
If any provision of these Terms of Use is invalid or unenforceable, such will not render all the Terms of Use unenforceable or invalid but rather the Terms of Use will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Lumpkin County, Georgia, USA, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement
Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms of Use shall not apply.
Headings
Headings in these Terms of Use are for convenience only and have no legal meaning or effect.
Headings in these Terms of Use are for convenience only and have no legal meaning or effect.
Governing Law and Jurisdiction
These Terms of Use shall be governed by, and construed in accordance with, the law of the State of Missouri. The parties irrevocably agree that the courts of Kansas City, MO shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms of Use or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Kansas City, MO courts.
For the exclusive benefit of 3by400, 3by400 shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms of Use are entered into in the course of your trade or profession, the country of your principal place of business.
