TERMS OF SERVICE AND PRIVACY NOTICE
By accessing or using any Site or Content from Close Encounters With Music in any way, including, without limitation, including merely browsing the Site or the downloading of any Content, or you agree to and are bound by the Terms. If you are using the Site on behalf of your employer, you represent and warrant that you are authorized to accept these Terms on your employer’s behalf and that your employer agrees to indemnify you and Close Encounters With Music for violations of these Terms.
If you do not agree to these terms and conditions, you may not use this site and must leave immediately.
Copyright and Trademark Notice
All Content appearing on this site, including graphics, text elements, site design, logos, images, and icons, as well as the selection, assembly, and arrangement thereof, are the sole property of Close Encounters With Music unless otherwise specified. All rights not expressly granted herein are reserved. Except as otherwise required by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of Close Encounters With Music.
Close Encounters With Music is a trademark of Close Encounters With Music, Inc. All other marks, names, and logos mentioned herein are the property of their respective owners.
Not Acceptable Use
You agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the screens and/or Content, in whole or in part, by any means. You must not modify, decompile, or reverse engineer any Content Close Encounters With Music discloses to you, and you must not remove or modify any copyright or trademark notice or other notice of ownership.
You agree that you will not use the Site or its Content to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Close Encounters With Music, a supplier of Close Encounters With Music, or someone else, or spoof Close Encounters With Music’s or someone else’s identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any content; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to use the Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
Site Content and Information
The Site Content is provided for informational purposes only, and should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this site without seeking legal or other professional advice.
Our Site and any emails generated due to use of the Site may contain Content, information, advice, text, and other materials that are provided for your convenience and/or enjoyment. You should be aware that the Content may contain errors, omissions, inaccuracies, or outdated information. Close Encounters With Music makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any Content and shall not be liable for any lack of the foregoing. Close Encounters With Music provides no assurances that any problems may be resolved with the use of any Content that Close Encounters With Music provides. By furnishing Content, Close Encounters With Music does not grant any licenses to any copyrights, patents, or any other intellectual property rights.
Close Encounters With Music reserves the right at any time to modify, suspend or terminate the Site (or any Content or part thereof), and/or your use of or access to them, with or without notice. Close Encounters With Music is not obligated to produce or deliver any previous versions of the Site or any part of its Content. Close Encounters With Music may also delete, or bar access to or use of, all related Content and files. Close Encounters With Music will not be liable to you or any third-party for any modification, suspension, or termination of the Site, or loss of related Content. Close Encounters With Music may amend these Terms at any time by posting the amended terms on this Site.
If you request an email to be sent, Close Encounters With Music cannot guarantee delivery of such email and is not responsible for delays or failure of email communications generated as a result of any activity on this Site.
Descriptions of, or references to, third party products or publications do not imply endorsement of that product or publication. We are not engaged in rendering accounting, or other similar advice or professional services. If expert assistance is required, the services of a competent professional should be sought.
You agree to indemnify and hold Close Encounters With Music, and its subsidiaries, affiliates, officers, partners, agents, co-branders or other business partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of any Close Encounters With Music website, your violation of this Agreement, or your violation of any rights of another.
Third Party Sites
This website may contain hyperlinks to web sites operated by parties other than Close Encounters With Music. Such hyperlinks are provided for your reference only. Close Encounters With Music does not control such web sites and is not responsible for their contents. Close Encounters With Music inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Notification of copyright infringement
Close Encounters With Music respects the copyrights of all. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide Close Encounters With Music’s Copyright Agent a Notice containing the following elements:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- a description of where the material that you claim is infringing is located on the Close Encounters With Music site;
- information sufficient to permit Close Encounters With Music to contact you, such as your physical address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the information in your Notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Only notices containing all of the above information will be considered. Close Encounters With Music’s Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
Close Encounters With Music
PO Box 34
Great Barrington, MA 01230
Disclaimer and Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING ALL CONTENT IS PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. CLOSE ENCOUNTERS WITH MUSIC SPECIFICALLY DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. CLOSE ENCOUNTERS WITH MUSIC MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE AND/OR ITS CONTENT.
CLOSE ENCOUNTERS WITH MUSIC MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY INFORMATON FROM THE WEBSITE, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CLOSE ENCOUNTERS WITH MUSIC, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT CLOSE ENCOUNTERS WITH MUSIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
This Site can be accessed from countries around the world and may contain references to Close Encounters With Music products, services, and programs that are not available in your country. These references do not imply that Close Encounters With Music intends to announce such products, services, or programs in your country. Close Encounters With Music complies with the various Export laws of the United States of America. If you are using this information in a prohibited manner or from a country prohibited from use by these laws, you must discontinue use immediately.
The Site is controlled, operated, and administered by Close Encounters With Music from its offices within the United States of America. Close Encounters With Music makes no representation that the Site, or the Content available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Content are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Export control laws; notice to U.S. government users
The export and re-export of Close Encounters With Music Content are controlled by the United States Export Administration Regulations, and such Content and software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By downloading Close Encounters With Music Content and/or software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
Governing Law, Jurisdiction, and Venue
This Agreement is governed by the laws of the Commonwealth of Massachusetts. If, under any circumstances, any dispute or controversy arising out of or relating to or in any way connected with this Agreement shall, notwithstanding the other provisions in the Agreement, be the subject of any court action at law or in equity, such action shall be filed exclusively in the courts of the Commonwealth of Massachusetts or of the United States of America located in the county of Berkshire, Massachusetts. You and Close Encounters With Music irrevocably and unconditionally consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any action, and hereby grants jurisdiction to such courts and to any appellate courts having jurisdiction over appeals from such courts or review of such proceedings. Use this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. In the event any provision of this Agreement shall be deemed unenforceable, void, or invalid, such provision shall be modified so as to make it valid and enforceable, and as so modified the entire Agreement shall remain in full force and effect. No failure or delay in exercising any right, power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
Close Encounters With Music, Inc. (“Close Encounters With Music”) owns and operates the website berkshireplace.com (“Website”). This privacy notice aims to inform you about how we collect, use, disclose and store information about you when you:
- interact or use our Website, including downloading materials from our resources page or requesting a meeting,
- register and/or attend any of our events, tours, webinars, or the conferences we attend (collectively “Events”), and
- if you use any of our services (“Services”) in any manner.
- Purchase, subscribe or license any item in any manner
What information does Close Encounters With Music collect?
We gather various types of information, including information that identifies or may identify you as an individual (“Personal Information”) as explained in more detail below.
Information You Provide to Us:
From Website: We may collect any Personal Information that you choose to send to us or provide to us, for example, on our online form. If you contact us through the Website, we will keep a record of our correspondence.
Information We Automatically Collect:
When you visit the Website, we collect certain information related to your device, such as your device’s IP address, referring website, what pages your device visited, and the time that your device visited our Website. We may keep track of user activity in relation their use, the configuration of their computers, and performance metrics related to their use of the Services. We may log information about our visitors including Internet Protocol (“IP”) address.
Information collected by cookies and other similar technologies: We use various technologies to collect information which may include saving cookies to users’ computers. For further information, please read the section below headed “Cookies and other Tracking Technologies”.
How do we use the information?
We will use the information we collect via our Websites:
- To administer our Website, our events and for internal operations, including troubleshooting, data analysis, testing, statistical and survey purposes;
- To improve our Website to ensure that content is presented in the most effective manner for you and for your computer;
- For trend monitoring, marketing and advertising;
- For purposes made clear to you at the time you submit your information – for example, to fulfill your request for an employment application or a tour; and
- As part of our efforts to keep our Website secure.
Our use of your Personal Information may be based on our legitimate interest to ensure network and information security, and for our direct marketing purposes, or you consent to it.
We use your Personal Information in this context based on the contract that we have in place with you or our legitimate interest for security purposes (e.g. the prevention and investigation of fraudulent activities). Personal Information will be deleted based on the terms of the contract.
How do we share and disclose information to third parties?
We do not rent or sell your Personal Information to anyone, unless you explicitly give us permission to do so. We will only share Personal Information if you “opt-in” to do so or we may share and disclose information (including Personal Information) about our customers in the following limited circumstances:
Vendors, consultants, and other service providers:
We may share your information with third-party vendors, consultants, and other service providers who we employ to perform tasks on our behalf. These companies include (for example) our payment processing providers, website analytics companies (e.g., Google Analytics), product feedback or help desk software providers, CRM service providers, email service providers, and others.
We may choose to buy or sell assets and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.
Protection of Close Encounters With Music and Others: We reserve the right to access, read, preserve, and disclose any information as necessary to comply with law or court order; enforce or apply our agreements with you and other agreements; or protect the rights, property, or safety of Close Encounters With Music, our employees, our users, or others.
Disclosures for National Security or Law Enforcement:
Under certain circumstances, we may be required to disclose your Personal Information in response to valid requests by public authorities, including to meet national security or law enforcement requirements.
We use appropriate technical, organizational and administrative security measures to protect any information we hold in our records from loss, misuse, and unauthorized access, disclosure, alteration and destruction.
Unfortunately, no company or service can guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. Among other practices, your account is protected by a password for your privacy and security. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.
Cookies and Other Tracking Technologies
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first party cookies. Depending on which of our Websites you are visiting, we may also use third party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts, as well as to understand your browsing of the Website (for example, which page you visit or how long you stay on each page).
- Assisting you in navigation;
- Assisting in registration to our events, login, and your ability to provide feedback;
- Analyzing your use of our products, services or applications;
- Assisting with our promotional and marketing efforts (including behavioral advertising).
Below is a detailed list of the cookies we use on our Websites. Our Websites are scanned with our cookie scanning tool regularly to maintain a list as accurate as possible. We classify cookies in the following categories:
- Strictly Necessary Cookies
- Performance Cookies
- Functional Cookies
- Targeting Cookies
Your Privacy Rights
What choices do I have?
You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features.
You can opt-out of receiving certain promotional or marketing communications from us at any time, by using the unsubscribe link in the emails communications we send..
How Can I Exercise My Data Subject Rights?
Please note that we may still use any aggregated and de-identified Personal Information that does not identify any individual, and may also retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
California residents are entitled to ask us for a notice identifying the categories of Personal Information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request.
California and Delaware “Do Not Track” Disclosures
California and Delaware law require Close Encounters With Music to indicate whether it honors “Do Not Track” settings in your browser concerning targeted advertising. Close Encounters With Music adheres to the standards set out in this Privacy Notice and does not monitor or respond to Do Not Track browser requests.
We do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us.
For your convenience, hyperlinks may be posted on the Websites that link to other websites (the “Linked Sites”). We are not responsible for, and this Privacy Notice does not apply to, the privacy practices of any Linked Sites or of any companies that we do not own or control. Linked Sites may collect information in addition to that which we collect on the Websites. We do not endorse any of these Linked Sites, the services or products described or offered on such Linked Sites, or any of the content contained on the Linked Sites. We encourage you to seek out and read the privacy notice of each Linked Site that you visit to understand how the information that is collected about you is used and protected.
Changes to the Privacy Notice
We’re constantly trying to improve our Websites and Services, so we may need to change this Privacy Notice from time to time as well. We will alert you to material changes by, for example, placing a notice on our Websites and/or by sending you an email (if you have registered your e-mail details with us) when we are required to do so by applicable law. You can see when this Privacy Notice was last updated by checking the date at the top of this page. You are responsible for periodically reviewing this Privacy Notice.
If you have any questions or concerns regarding our privacy notice, please send a detailed message by mail to the address listed above.