The Steel Pan Collective  


The Steel Pan Collective 

TERMS AND CONDITIONS OF USE


Contact Us

Mail:  The Steel Pan Collective

P. O. Box 101931

Denver CO 80250-1931

Email: info@steelpancollective.org

Phone: 888-620-3390 (toll free); 720-222-9553

Copyright: Unless otherwise noted, all materials on this site are Copyright 2014 - The Steel Pan Collective ®. All rights reserved.

Overview

This website is operated by The Steel Pan Collective. Throughout the site, the terms “we”, “us” and “our” refer to The Steel Pan Collective. The Steel Pan Collective offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1. Your Consent to These Terms and Conditions of Use

This Web site (this “Site”) is owned and operated by the Steel Pan Collective. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, Terms and Conditions of Use), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

2. Changes to these Terms and Conditions of Use

Any new features or tools which are added to the Website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

These Terms and Conditions are effective as of June 1, 2014.

3. Click-Through Agreements

Before using certain areas of the Website, for example, our Forums or Members-Only Site, you may be asked to indicate your acceptance of special terms and conditions of use by clicking a button or checking a box marked “I agree” “Yes” or “OK”. Any special terms and conditions agreed to will supplement these Terms and Conditions.

4. Notification of Copyright Infringement

The Steel Pan Collective does not knowingly violate or permit others to violate the copyright of others. Individuals who use this Site may not post materials violating the copyrights of others. The Steel Pan Collective will exercise its right to deny access to individuals we know repeatedly post infringing materials on the organization’s Website. Please notify us immediately if you have reason to believe any of the material published on out Website infringe the copyrights of others. Please include your contact information (email, address, or phone) so we can contact you if we need more information.

Notice of Claim of Copyright Infringement. If you are the copyright owner or are authorized to act on behalf of the copyright owner, please contact our staff immediately of any claim of copyright infringement. As soon as we receive your notice of claimed infringement, as describe below, we will promptly remove or disable access to materials that are claimed to be infringing (or the subject of infringing activity). Your notice must be in writing and must include the following:

  • a description of the copyrighted work you believe has been infringed (of if you believe multiple copyrighted works have been infringed, a representative list);
  • a description of the material you believe is infringing or the subject of infringing activity, together with information enough information to permit us to contact you, such as, your name, address, telephone number and, if available, e-mail address;
  • a statement that you have a good faith belief that the allegedly infringing use of the material was not authorized by the owner of the exclusive right that is allegedly infringed (the “copyright owner”), an agent for the copyright owner, or by law;

  • a statement that all of the information you have provided is accurate; and a statement, made under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.

All correspondence should be sent signed (physically or electronically) to: Skip Waugh, The Steel Pan Collective, P.O. Box 101931, Denver CO 80250-1931. Phone: 888-620-3390. Email: info@steelpancollective.org.

5. Online Transaction Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

6.  Restrictions on use of personal information

No e-mail address found on the Site may be harvested or otherwise used of purposes of solicitation. The appearance of any member’s address, email address, phone number(s) on the Site does not constitute permission for you to contact that member for commercial purposes or to send that member fax advertisements or commercial electronic mail messages.

The U.S. Federal law, CAN-SPAM Act, places restrictions on how internet users may send e-mail messages where the primary purpose of the message is commercial advertisement or promoting a commercial product or service. Refer to the CAN-SPAM Act for further clarification and definition on “commercial messages.”

If you plan to send a message to any address you obtain from the Steel Pan Collective Member Directory or elsewhere on the Steel Pan Collective Website that might considered primarily to be a commercial advertisement or to promote a commercial product or service, remember a) you are prohibited from using e-mail addresses obtained from this Website for solicitation and b) it is your responsibility to make sure you comply with the CAN-SPAM Act.

7.  Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

8. Modification to Services and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

9.  Services or Products

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

10. Disclaimer of Warranties

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall The Steel Pan Collective, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Limitation on Liability

If you are dissatisfied with this Site, any content on this Site, any products or services made available through this Site, or with any of these Terms and Condition of Use, your sole and exclusive remedy is to discontinue accessing and using this Site, its content, and the products and services made available through this Site.

Under no circumstances, shall the Steel Pan Collective and its entities and affiliates or its directors, officers, employees or service providers be liable to you or any third party claiming through you for any losses or damages arising out of or in connection with your use of or inability to use this Website, any content of this Site (including, without limitation, content posted on this Site by you or any third party), or any product or service made available through this Website.

12.  Member Forums, Community Discussion, and Communal Resources

This Site may include e-mail forums, discussion boards, and file repositories of member or organization supplied content, some of which may be available only to members and affiliates of the Steel Pan Collective.

The Steel Pan Collective does not control or receive any financial benefit from the messages, information, software, files or other materials posted in the member forums. The Steel Pan Collective neither condones nor is responsible for any postings. The Steel Pan Collective is an online service provider. If you believe that any posting uses copyrighted material in a manner that constitutes copyright infringement, please notify our Copyright Agent immediately. (See above)

The Steel Pan Collective does not scan any postings for viruses or other undesirable components and will not be responsible for any harm, inconvenience or damages to you or others that may result because a posting contained viruses or other undesirable components. It is your responsibility to take appropriate steps to make certain that your postings are free of viruses and other undesirable code before proceeding with your upload.

All postings are made available to the Steel Pan Collective members and vendors. Postings will not be treated as confidential. Depending on the information you provide, your postings may potentially be identifiable to professional, educational, or business matters involving you. We request that you do not post information any specific situations or matters that you consider to be confidential.

You may not forward any postings to any third parties who are not members or subscribers to the member forums without the prior written permission of the individual who posted the particular posting.

The Steel Pan Collective reserves the right at all times to disclose any posting and the name of the individual who posted the posting when we believe disclosure is appropriate to comply with the law (or a court order or subpoena); to prevent or investigate a possible crime or other violation of law; to enforce these Terms and Conditions of Use, or to protect your rights, property or safety or the rights, property or safety of the Steel Pan Collective and its entities. 

The Steel Pan Collective, in its sole discretion, may remove or refuse to post any materials, in whole or in part, for any reason, including, without limitation, materials that are objectionable or in breach of these Terms and Conditions of Use.

It is a condition of your use of the Discussion Forums that you do not:

restrict or inhibit any other user from using the member forums; submit any unlawful, harmful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, hateful, racially or ethnically objectionable, or indecent postings of any kind, including, without limitation, any postings constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law; submit any postings deemed by the Steel Pan Collective as offensive or personally attacking in nature and which, in general, do not represent the professional/educational collegial atmosphere intended for these Member Forums and shared resources;

submit any postings that violate or infringe upon the rights of others, including material that constitutes an invasion of privacy or infringement of publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works thereof, without first obtaining permission from the owner or right-holder;

submit any postings that you do not have the right to make available under any law or under any contractual or fiduciary relationship (such as inside information or proprietary and confidential information learned or disclosed as part of an employment relationship or covered by a nondisclosure agreement);

Submit any false, misleading or fraudulent postings; submit any postings that contain software viruses or any other harmful component; submit any postings that impersonate any person or entity or in any other way conceal or misrepresent your identity; submit any postings that misrepresent your affiliation or relationship with a person or entity; use the member forums to solicit money, goods or services for charitable purposes or private gain.

By submitting a posting to the member forums, you warrant and represent that you have the legal right to transmit and post the posting. By submitting a posting, you grant the Steel Pan Collective the nonexclusive right and license to use, copy, reformat, publish, display and perform publicly, distribute and transmit your posting in connection with the Steel Pan Collective’s maintenance and operation of this Website and the member forums and as otherwise set forth in these Terms and Conditions of Use. By submitting a posting you also grant the other users of the member forums the right to download one copy of your posting for their own personal use or for internal use in their business, subject to the restrictions set forth in these Terms and Conditions of Use.

The Steel Pan Collective may monitor all member forums, although it has no obligation to do so, and reserves the right to immediately terminate future access to the member forums for members who violate these Terms and Conditions of Use. This may include revocation of membership. Participants in the member forums are required to provide complete and accurate information when they register for the member forums, including their name and verifiable e-mail address. If there is a substantive change in your membership information, you agree to update your information online. Upon registering for membership, you may not transfer your account to others. You may, however, demonstrate the member forums to others, who may then register themselves.

By accessing the member forums, you accept, without limitation or qualification, these Terms and Conditions of Use. You are solely responsible and can be held personally liable for your postings. The Steel Pan Collective will not indemnify you, and you hereby agree to indemnify and hold the Steel Pan Collective harmless against any losses, liabilities, damages, fines, penalties, costs or expenses (including reasonably attorneys fees and disbursements) arising out of or in connection with your postings, your use of the member forums, or your breach of these Terms and Conditions. The Steel Pan Collective are not responsible for your use of or reliance on any postings and accept no responsibility for the opinions and information posted by users of the member forums.

13. Links to Third Party Materials

The Steel Pan Collective may provide links to Internet sites maintained by third parties. All links to other sites found on the Site are publicly available on the World Wide Web and are provided solely for the convenience of users. Unless expressly stated otherwise, links on the Website are not sponsored by, affiliated with, or the responsibility of the Steel Pan Collective, and the owners of such links are not affiliated with the Steel Pan Collective and do not sponsor or endorse the Steel Pan Collective's Website.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. The Steel Pan Collective is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

14. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

15.  User comments, feedback and other submissions  

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Steel Pan Collective or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

16.  Errors, inaccuracies, and omissions

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website or on any Steel Pan Collective related website, should be taken to indicate that all information has been modified or updated.

17. Prohibited Uses

In addition to other prohibitions as set forth in the Terms and Conditions of Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Steel Pan Collective website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Steel Pan Collective or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

18. Indemnification

You agree to indemnify, defend and hold harmless The Steel Pan Collective and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

19. Severability

In the event that any provision of these Terms and Conditions of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

20. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms and Conditions of Use are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

22. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and Conditions of Use and any policies or operating rules posted by us on this site or in respect to the Steel Pan Collective membership service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms and Conditions of Use shall not be construed against the drafting party.

22.  Governing Law

These Terms and Conditions of Use and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of P.O. Box 101931, Denver, Colorado United States 80250.

Contact us

Address: P.O. Box 101931, Denver CO 80250-1931

Phone: +1 (888) 620-3390, 720-222-9553 

Email: info@steelpancollective.org

© 2016 The Steel Pan Collective. All Rights Reserved. Unauthorized use prohibited. 

The Steel Pan Collective is a qualified 501(c)(3) tax-exempt organization. 

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