WHO OWNS THIS PORTAL?
The Portal is developed and maintained by wix.com, under contract with the Twisted Spruce Music Foundation INC, and other entities who have been approved by the Twisted Spruce Music Foundation Program to appear on the Portal. The Twisted Spruce Music Foundation is responsible for its respective Web site, public records, information and services provided through the Twisted Spruce Music Foundation service contract. For more information, please see About Twisted Spruce Music Foundation.
RIGHT TO CHANGE THE PORTAL
Twisted Spruce Music Foundation may discontinue, edit, delete or change any aspect of the Portal, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, and (iv) restricting, suspending or terminating any user's right to use the Portal, at Twisted Spruce Music Foundation’s sole discretion and without prior notice or liability.
Twisted Spruce Music Foundation, the Twisted Spruce Music Foundation logo, and other names for Twisted Spruce Music Foundation products and services are trademarks/service marks of the Indiana Office of Technology. Other product and company names mentioned on the Portal may be trademarks/service marks of their respective owners.
The content organization, graphics, design, compilation and other materials on or related to the Portal are protected under applicable copyright, trademark and other proprietary and intellectual property rights. In most cases, the content is owned by the state agency choosing to make its information available through the Twisted Spruce Music Foundation service. The copying, redistribution, use or publication by you of any such materials or any part of the Portal, except as allowed for in the Limited Right to Use section below, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Portal. The posting of information or materials on the Portal does not constitute a waiver of any right in such information and materials.
LIMITED RIGHT TO USE
Except as may otherwise be allowed by law (including but not limited to the Indiana Access to Public Records Law), the viewing, printing, or downloading of any content, graphic, form, or document from the Portal grants you only a limited, nonexclusive license for use solely by you for your own personal use, and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, graphic, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (not for resale or redistribution). You must keep intact all copyright and other proprietary notices. Twisted Spruce Music Foundation may revoke this license at any time.
You are prohibited from using the Portal in any way to do any of the following:
restrict or inhibit any other user from using and enjoying the Portal;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
post or transmit comments containing harassing or offensive language, including sexual references, sexual nicknames, racial slurs or rude or deliberately offensive comments or engage in disruptive activities online, including excessive use of scripts, sound waves, scrolling (repeating the same message over and over), or use viruses, bots, worms, or trojan horses;
access another person's or entity's materials, information, or files without the permission of that person or entity;
post or transmit any information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark, or other proprietary right without first obtaining permission from the owner or right holder;
post or transmit any information, software, or other material which contains a virus or other harmful component;
post or transmit content that encourages or provides instructional activities about illegal activities, such as hacking;
post, transmit, or in any way exploit any information, software, or other material for advertising or commercial purposes;
solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity;
NO UNLAWFUL PURPOSES
You agree that you will not use the Portal or any information or services related thereto for any unlawful purpose. Twisted Spruce Music Foundation, at its sole and absolute discretion, shall determine whether any use violates this provision.
Twisted Spruce Music Foundation is pleased to hear from users and welcomes your comments regarding Twisted Spruce Music Foundation programs and services. If you submit any original creative ideas, suggestions, notes, concepts, or materials to Twisted Spruce Music Foundation ("Submissions"), they shall be deemed, and shall remain, the property of Twisted Spruce Music Foundation, and shall otherwise be subject to the provisions of the Trademarks section above. None of the Submissions shall be subject to any obligation of confidence on the part of Twisted Spruce Music Foundation, and Twisted Spruce Music Foundation shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, Twisted Spruce Music Foundation shall exclusively own all now known or hereafter existing worldwide rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.
THIRD PARTY SITES
Twisted Spruce Music Foundation has provided links and pointers to Web sites maintained by third parties ("Third Party Sites") and may from time to time provide third party items or materials on this Portal. Any mention on this Portal of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by Twisted Spruce Music Foundation. Twisted Spruce Music Foundation assumes no responsibility for those products or services. Your dealings with any third parties mentioned on or found through this Portal are solely between you and such third party, and are subject to any terms, conditions, warranties or representations associated with such dealings. You agree that use of Third Party Sites is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY TWISTED SPRUCE MUSIC FOUNDATION, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS TWISTED SPRUCE MUSIC FOUNDATION LIABLE FOR ANY DAMAGES ARISING FROM TRANSACTIONS BETWEEN YOU AND THIRD PARTIES OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES OR ANY OTHER SITE LINKED TO THE SITE.
You agree to defend, indemnify, and hold harmless Twisted Spruce Music Foundation, the Indiana Office of Technology, the State of Indiana, their affiliates and their respective commissioners, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or related to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Portal; (c) any violation by you of this Agreement; and (d) any claims brought by other persons or entities arising from or related to your use of the Portal, including information obtained through the Portal.
Children under the age of 13 are not eligible to use services that require submission of personal information and should not submit any personal information to us. This includes submitting personal information to the website as part of a user profile or personalization profile. If you are a child under the age of 13, you can use these services only if used together with your parents or guardians. Seek guidance from your parents or guardians if you are under the age of 13.
If we decide to begin collecting personal information from children under the age of 13, we will notify parents that it is being requested, disclose the reasons for collecting it, and disclose our intended use of it. We will seek verifiable parental consent before collecting any personally identifiable information. If we do collect such information, parents may request information on the type of data being collected, view their child's information, and, if they choose, prohibit us from making further use of their child's information. We will not provide personal information about children to third parties.
Any intellectual property that appears on this site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by Twisted Spruce Music Foundation.
Twisted Spruce Music Foundation respects the rights of all copyright holders, and therefore, Twisted Spruce Music Foundation has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Twisted Spruce Music Foundation’s Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EXPORT CONTROL INFORMATION
Unless otherwise specified, the materials on this Portal are presented solely to provide information regarding and to promote Indiana Interactive's Services and other products available in the State of Indiana, United States of America. This Portal is controlled and operated by Indiana Interactive from its offices within the State of Indiana. Indiana Interactive makes no representation that materials on this Portal are appropriate or available for use outside the United States. Those who choose to access this Portal from outside the United States do so on their own initiative and are responsible for compliance with local laws, to the extent that local laws are applicable.
Any software downloadable from this Portal is further subject to United States export controls. No software from this Portal may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Portal, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be treated as though it were executed and performed in Indianapolis, Indiana, and shall be governed by and construed in accordance with the laws of the State of Indiana (without regard to conflict of law principles). Any cause of action by you with respect to the Portal (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Marion County, Indiana. You expressly submit to the exclusive jurisdiction and venue of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with the applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Portal is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Indiana Interactive's delay or failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.