Contents:

  1. Terms of Service
  2. Privacy Policy

Terms of Service:

The following terms and conditions govern all use of the dueling-piano.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Dueling Piano Shows Inc. (“Dueling Piano Shows”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Dueling Piano Shows’ Privacy Policy) and procedures that may be published from time to time on this Site by Dueling Piano Shows (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. 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 and conditions are considered an offer by Dueling Piano Shows, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

  1. Your dueling-piano.com Account and Site. If you create a blog/profile on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Dueling Piano Shows may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Dueling Piano Shows liability. You must immediately notify Dueling Piano Shows of any unauthorized uses of your blog or profile, your account or any other breaches of security. Dueling Piano Shows will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
  2. Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
    • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
    • the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
    • your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
    • your content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your display name is not the name of a person other than yourself or company other than your own; and
    • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Dueling Piano Shows or otherwise.

    By submitting Content to Dueling Piano Shows for inclusion on your Website, you grant Dueling Piano Shows a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Dueling Piano Shows will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

    Without limiting any of those representations or warranties, Dueling Piano Shows has the right (though not the obligation) to, in Dueling Piano Shows’ sole discretion (i) refuse or remove any content that, in Dueling Piano Shows’ reasonable opinion, violates any Dueling Piano Shows policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Dueling Piano Shows’ sole discretion. Dueling Piano Shows will have no obligation to provide a refund of any amounts previously paid.

  3. Responsibility of Website Visitors. Dueling Piano Shows has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Dueling Piano Shows does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Dueling Piano Shows disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
  4. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which dueling-piano.com links, and that link to dueling-piano.com. Dueling Piano Shows does not have any control over those non-Dueling Piano Shows websites and webpages, and is not responsible for their contents or their use. By linking to a non-Dueling Piano Shows website or webpage, Dueling Piano Shows does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Dueling Piano Shows disclaims any responsibility for any harm resulting from your use of non-Dueling Piano Shows websites and webpages.
  5. Copyright Infringement and DMCA Policy. As Dueling Piano Shows asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by dueling-piano.com violates your copyright, you are encouraged to notify Dueling Piano Shows in accordance with Dueling Piano Shows’ Digital Millennium Copyright Act (“DMCA”) Policy. Dueling Piano Shows will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Dueling Piano Shows will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Dueling Piano Shows or others.
  6. Intellectual Property. This Agreement does not transfer from Dueling Piano Shows to you any Dueling Piano Shows or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Dueling Piano Shows. Dueling Piano Shows, dueling-piano.com, the dueling-piano.com logo, and all other trademarks, service marks, graphics and logos used in connection with dueling-piano.com, or the Website are trademarks or registered trademarks of Dueling Piano Shows or Dueling Piano Shows’ licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Dueling Piano Shows or third-party trademarks.
  7. Attribution. Dueling Piano Shows reserves the right to display attribution links such as ‘Blog at dueling-piano.com,’ theme author, and font attribution in your blog footer or toolbar.
  8. Changes. Dueling Piano Shows reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Dueling Piano Shows may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
  9. Termination. Dueling Piano Shows may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your dueling-piano.com account (if you have one), you may simply discontinue using the Website.  Dueling Piano Shows can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
  10. Disclaimer of Warranties. The Website is provided “as is”. Dueling Piano Shows and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied. Neither Dueling Piano Shows nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through the Website at your own discretion and risk.
  11. Limitation of Liability. In no event will Dueling Piano Shows, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data. Dueling Piano Shows shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  12. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Dueling Piano Shows Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
  13. Indemnification. You agree to indemnify and hold harmless Dueling Piano Shows, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  14. Miscellaneous. This Agreement constitutes the entire agreement between Dueling Piano Shows and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Dueling Piano Shows, or by the posting by Dueling Piano Shows of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Illinois, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Henry County, Illinois. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Cambridge, Illinois, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Dueling Piano Shows may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

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Privacy Policy:

Dueling Piano Shows Inc. (“Dueling Piano Shows“) operates dueling-piano.com and may operate other websites. It is Dueling Piano Shows’ policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, Dueling Piano Shows collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Dueling Piano Shows’ purpose in collecting non-personally identifying information is to better understand how Dueling Piano Shows’ visitors use its website. From time to time, Dueling Piano Shows may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Dueling Piano Shows also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on dueling-piano.com blogs/sites. Dueling Piano Shows only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that commenter IP addresses and email addresses are visible and disclosed to the administrators of the blog/site where the comment was left.

Gathering of Personally-Identifying Information

Certain users of Dueling Piano Shows’ websites and 3rd party sites where Dueling Piano Shows operates (ex: Facebook and Twitter) choose to interact with Dueling Piano Shows in ways that require Dueling Piano Shows to gather personally-identifying information (ex: requesting price estimates for dueling piano shows.) The amount and type of information that Dueling Piano Shows gathers depends on the nature of the interaction. For example, by filling out our form to get more information a private profile page is created which uses information that the user provides to us such as their name, event address, phone number and e-mail address.  We use this information to notify dueling piano companies of events that occur in their area of service. Those who engage in transactions with Dueling Piano Shows are asked to provide additional information, including as necessary the personal information required to process those transactions. In each case, Dueling Piano Shows collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Dueling Piano Shows. Dueling Piano Shows does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Dueling Piano Shows may collect statistics about the behavior of visitors to its websites. Dueling Piano Shows may display this information publicly or provide it to others. However, Dueling Piano Shows does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

With exception to profile pages, Dueling Piano Shows discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Dueling Piano Shows’ behalf or to provide services available at Dueling Piano Shows’ websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Dueling Piano Shows’ websites, you consent to the transfer of such information to them. Dueling Piano Shows will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Dueling Piano Shows discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Dueling Piano Shows believes in good faith that disclosure is reasonably necessary to protect the property or rights of Dueling Piano Shows, third parties or the public at large. If you are a registered user of an Dueling Piano Shows website and have supplied your email address, Dueling Piano Shows may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Dueling Piano Shows and our products. If you send us a request (for example via email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Dueling Piano Shows takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Dueling Piano Shows uses cookies to help Dueling Piano Shows identify and track visitors, their usage of Dueling Piano Shows website, and their website access preferences. Dueling Piano Shows visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Dueling Piano Shows’ websites, with the drawback that certain features of Dueling Piano Shows’ websites may not function properly without the aid of cookies.

Business Transfers

If Dueling Piano Shows, or substantially all of its assets, were acquired, or in the unlikely event that Dueling Piano Shows goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Dueling Piano Shows may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Dueling Piano Shows and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Dueling Piano Shows may change its Privacy Policy from time to time, and in Dueling Piano Shows’ sole discretion. Dueling Piano Shows encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a dueling-piano.com account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

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