1. Introduction

    These Terms And Conditions (these “Terms” or these “Website Terms And Conditions”) contained herein on this web page, shall govern your use of this website, including all pages within this website, as well as Artusi’s MacGAMUT and MFun offerings (collectively referred to herein below as “Artusi,” as distinguished from the company “Artusi, Inc.”). These Terms apply in full force and effect to your use of Artusi, you expressly accept all terms and conditions contained herein in full. You must not use Artusi if you have any objection to any of these Website Standard Terms And Conditions.

    Artusi collects personally identifiable information and thus is not for use by users under the age of 13. You must not use Artusi if you are under that age.

    Artusi reserves the right to use in its marketing materials the names of institutions that use the system.

  2. Intellectual Property Rights

    Other than content you own, which you may have opted to include on Artusi, under these Terms, the company Artusi, Inc. and/or its licensors own all rights to the intellectual property and material contained in Artusi, and all such rights are reserved.

    You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on Artusi, and using its functionality.

  3. Restrictions

    You are expressly and emphatically restricted from all of the following:

    1. publishing any Artusi material in any media;

    2. selling, sublicensing and/or otherwise commercializing any Artusi material;

    3. using Artusi in any way that is, or may be, damaging to Artusi;

    4. using Artusi in any way that impacts user access to Artusi;

    5. using Artusi contrary to applicable laws and regulations, or in a way that causes, or may cause direct harm to Artusi, or to any person or business entity;

    6. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Artusi, or while using Artusi, including but not limited to circumventing code for evaluating and displaying answers (if you are a participant in a school, University, or other class, your institutions regulations may also impose penalties for such uses);

    7. using Artusi to engage in any advertising or marketing;

    Certain areas of Artusi are restricted from access by you and the company Artusi, Inc. may further restrict access by you to any areas of Artusi, at any time, in its sole and absolute discretion.   Any user ID you may have for Artusi is confidential and you must maintain confidentiality of such information.

  4. Your Content

    In these Terms And Conditions, “Your Content” shall mean any audio, video, text, images, compositions, or other material you choose to display on Artusi. With respect to Your Content, by displaying it, you grant the company Artusi, Inc. a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. (This term is similar to terms for uploading messages to Facebook, photos to Instagram, videos to YouTube, etc. and without it, we could not, for instance, show you or your instructor your answers!)

    Your Content must be your own and must not be infringing on any third party’s rights. The company Artusi, Inc. reserves the right to remove any of Your Content from Artusi at any time, and for any reason, without notice.

  5. No warranties

    Artusi is provided “as is,” with all faults, and the company Artusi , Inc. makes no express or implied representations or warranties, of any kind related to Artusi or the materials contained on Artusi. This lack of warranty covers errors in grading, storage, compatibility with your systems, or availability of your data to you or any instructor on the site. Additionally, nothing contained on Artusi shall be construed as providing consult or advice to you.

  6. Limitation of liability

    In no event shall the company Artusi, Inc., nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of Artusi, whether such liability is under contract, tort or otherwise, and the company Artusi, Inc. including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of Artusi.

  7. Indemnification

    You hereby indemnify to the fullest extent the company Artusi, Inc. from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

  8. Severability

    If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

  9. Variation of Terms

    The company Artusi, Inc. is permitted to revise these Terms at any time as it sees fit (within reasonably construed grounds of standard website or educational material Terms), and by using Artusi you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of Artusi.

  10. Assignment

    The company Artusi, Inc. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your obligations under these Terms.

  11. Entire Agreement

    These Terms, including any legal notices and disclaimers contained on Artusi, constitute the entire agreement between the company Artusi, Inc. and you in relation to your use of Artusi, and supersede all prior agreements and understandings with respect to the same.

  12. Governing Law & Jurisdiction

    These Terms will be governed by and construed in accordance with the laws of the State of Connecticut, and you submit to the non-exclusive jurisdiction of the state courts located in Connecticut and federal courts of the United States for the resolution of any disputes. If governing law in your country, state, or district does not allow for your agreement to these terms, you may not use Artusi.

  13. FERPA Notice

    Artusi has not been externally verified to be in compliance under the Family Educational Rights and Privacy Act (FERPA) . However, the company Artusi, Inc. makes every intention with complying with all aspects of the act. In particular, the company Artusi, Inc. will not knowingly disclose personally identifiable information about student users of the site except to officials with a legitimate educational purpose, such as those listed in the third bullet point of the FERPA link above. Students (or parents/guardians of students in the case of students under the age of majority) have the right to inspect records kept here under request (a modest fee is charged for such requests, as allowable by law); students have the right to request instructors (first) and the operator of this site (second) to correct records which they believe to be inaccurate or misleading. If the instructor or site decline to correct the record, students have the right to place a statement to appear with grades or other information contesting the information stored. Students may ask their instructors to allow them to enroll with a non-identifying e-mail address or a pseudonym.

    Personally identifiable information may be used in the process of improvements to the website and in understanding how music theory is being learned. However, the company Artusi, Inc. is run by educators who believe in education and are appalled by the idea of selling a student’s information to third parties. So we don't and won't do it.