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Legal Terms

TERMS OF SERVICE

Last Modified: Monday May 25, 2020

Thank you for using idrs.org (collectively, the “Services”).

By using the Services, you are agreeing to these Terms of Service (the “Terms”) and the other polices described in these Terms including our Privacy Policy which is available below (the “Privacy Policy”) and our Forum Rules which are available at https://www.idrs.org/about-idrs-forum/

For clarity, all references to “us” (and similar words such as “we” and “our”) mean International Double Reed Society, an Ohio non-profit corporation (regardless if they are capitalized), and all references to “you” mean the individual using the Services (regardless if the word is capitalized). However, if you are using the Services on behalf of a business entity, then “you” means both you and your business entity.

If you do not agree to these Terms, then do not use the Services.

Use of the Services

Provision
We will use commercially reasonable efforts to ensure the Services are available at all times, but we shall not be liable for any time during which the Services may be down. We may add to, modify, or terminate, portions of the Services at any time for any reason. 

Prohibited Uses
You may not do anything on the Services directly or indirectly that: (a) is illegal or violates another contract; (b) will harm the Services, including without limitation using bots, scrapers, harvesters, or other automated systems; or (c) constitutes reverse engineering, decompiling, disassembling, or otherwise attempting to discover the source code, object code, or underlying structure or algorithms, of the Services.

Additionally, you may not use the Services if you are under 13, or f we have terminated your right to use of the Services.

Third-Party Sites
If you click on any links that take you away from our Services, then you use those other sites and services at your own risk.

Advertisements
We may serve third-party advertisements on the Services. If you click on or purchase any of the goods or services for those third parties, you do so at your own risk. Our inclusion of those advertisements on the Services is not an endorsement by us of their goods or services.

User Accounts
We may allow you to create a user account (or we may create an account for you) to use the Services. If you create an account, then we may request information about you as described in these Terms and also as provided in our Privacy Policy (for information on how we use that information, please review our Privacy Policy). You are responsible for everything that happens through your account. You must keep your account credentials private and must not allow other people to use your account.

Membership & Premium Services

General
Portions of our Services are restricted and may only be used by users that become members of our organization (“Premium Services”). Depending on your type of membership, you may have access to some or all of the Premium Services. We may add to, modify, or terminate, portions of the Premium Services at any time for any reason. We may offer multiple ways to become a member, although the fastest method is usually to sign up using the Services. You may be required to pay an annual fee to become a member, which we will either collect through the Services or through an alternate payment system. By becoming a member, you are thereby agreeing to pay us the membership fees and you thereby authorize us and our third-party payment vendors to charge your chosen payment method for your membership.

Renewing Your Membership
Your membership will expire at the end of your membership year, unless you enroll in auto-renew. If you enroll in auto-renew, then your membership will automatically renew each year (in which case you will thereby be agreeing to pay us your membership fees for each subsequent renewal until you turn off your auto-renewal).

Cancelling Your Membership
You may cancel your membership at any time; however, you will not be entitled to a refund for the remaining portion of your membership year.

We may cancel your membership and access to the Premium Services at any time if you violate any provision of these Terms of Service or any rules or regulations which are applicable to the Services. If we cancel your membership and access to the Premium Services for this reason, you will not be entitled to a refund for the remaining portion of your membership year.

Your Content

You may be allowed to upload content to the Services (“Your Content”). By uploading Your Content, you grant us an irrevocable, worldwide, perpetual, royalty-free, sub-licensable, transferable, non-exclusive, license to access, use, process, copy, distribute, display, perform, create derivative works from, and export, Your Content, for any reason, with or without attribution, as reasonably necessary: (a) to provide, maintain, and update the Services; (b) to prevent or address service, security, support, and technical issues; and (c) as required by law. For clarification, the license above is perpetual and irrevocable, meaning your termination of your use of the Services does not terminate the license.

By uploading Your Content, you are representing and warranting to us that you either own or have all rights in and to Your Content, including all associated intellectual property rights, from all individuals and businesses required to allow you to grant that license to us.

Please note that Your Content may be visible to other users of the Services depending on the settings chosen by you. We cannot guarantee that they will not violate your rights with respect to Your Content and we disclaim all liability for such uses by other users. You may request that we remove Your Content from the Services but we may not be able to do so and we are not obligated to do so. We also have no obligation to retain any of Your Content.

Intellectual Property

Our Property Rights
The Services, including all design, software, code, and other content on the Services, are either owned by us, licensed to us, or likely owned by another individual or business, and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms.

Copyright/DMCA Policy
We respect intellectual property rights and it is our policy to comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on our Services infringes your copyright (or the copyright of someone which you are authorized to represent), please submit a written or digital DMCA Notice to our Designated DMCA Agent at: PO Box 490,
Riderwood, MD 21139-0490, USA or stomberg@idrs.org.

Your DMCA Notice must include the following:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. Identification of the material that is claimed to be infringing and specifically where it is located on the Service;
  3. Sufficient information for us to contact you such as your address, phone, or email address.
  4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
  5. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and
  6. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

PLEASE NOTE: Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

DISCLAIMERS

All references to “we” in this section titled “Disclaimers” mean us and our parents, subsidiaries, affiliates, and licensors, and the owners, members, directors, officers, employees, contractors, and agents, of all of them.

Except as expressly provided in these Terms, the Services are offered on an “AS IS” and “as available” basis without any warranties of any kind. Except as expressly provided in these Terms, we expressly disclaim any and all representations and warranties, whether express or implied or statutory, including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement.

We disclaim all liability for identity theft and other misuse of your identity or other content.

We do not make any guarantees regarding the operation or reliability of the Services, portions or all of which may be unavailable at times or terminated permanently. We do not vet content submitted by the users of the Services.

Some jurisdictions do not allow certain disclaimers and, to the extent such jurisdiction’s laws are applicable to your use of the Services, such disclaimers shall be limited to the extent permitted by applicable law.

LIMITATION OF LIABILITY

All references to “we” in this section titled “Limitation of Liability” mean us and our parents, subsidiaries, affiliates, and licensors, and the owners, members, directors, officers, employees, contractors, and agents, of all of them.

We shall not be liable to you or any other third party for any lost profits or revenues or for any indirect, special, incidental, consequential, cover, or punitive damages, however caused, whether in contract, tort, or under any other theory of liability.

Subject to the other limitations in these Terms, the liability of any released party arising out of or related to your use of the Services, these Terms, or our Privacy Policy, shall be limited to the sums paid by you to us in the 12-months immediately preceding the date on which your claim arose.

Any cause of action or claim which you may have which arises out of or relates to the Services must be brought (if at all) within one year after the cause of action or claim accrued, otherwise, such cause of action or claim shall be permanently barred.

The limitations of liability in these Terms shall apply regardless of whether you or the other party bases your/its claim on contract, tort, statute, or any other legal theory, and whether we knew or should have known about the possibility of such damages.

Except as expressly provided in another contract between you and us, your sole remedy for dissatisfaction with the Services is to terminate your user account and/or your use of the Services.

Some jurisdictions do not allow certain exclusions and limitations of liability and, to the extent such jurisdiction’s laws are applicable to your use of the Services, such exclusions and limitations shall be limited to the extent permitted by applicable law.

Indemnification

With respect to any suit, claim, investigation, or proceeding, arising out of our provision of the Services, your use of the Services, these Terms, or our Privacy Policy, you shall indemnify us and our affiliates and the respective owners, directors, officers, managers, employees, contractors, and other representatives of each (the “Protected Parties”) against all reasonable expenses including attorneys’ fees, costs, and damages of every kind (the “Losses”) arising out of your breach of these Terms, your submission of content that violates third party rights or applicable laws, any applications or programs which you create which use any of our Services, and any activity in which you engage on or through the Services, except to the extent that a Protected Party negligently or intentionally caused those Losses.

Miscellaneous

Termination
You may stop using the Services at any time. Additionally, if you create a user account, you may terminate the account at any time. However, you will remain liable for any damage you caused or may later cause to us or any part of the Services.

In our sole discretion, at any time, and with or without notice, we may: (a) suspend your access to or terminate your right to use of all, or parts of, the Services; (b) suspend your access to or terminate your user account, if applicable; and (c) suspend or terminate all, or parts of, the Services.

All provisions in these Terms which by their nature should survive termination of these Terms shall survive the termination.

WAIVER OF JURY TRIAL
You and us each waive trial by jury in all actions, proceedings, or counterclaims brought by either party against the other on any matter arising out of or in any way connected or related to our provision of the Services, your use of the Services, these Terms, or our Privacy Policy.

Severability
Each provision in these Terms shall be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision unenforceable, then the provision should be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision should be deemed removed from these Terms, but the remaining provisions shall remain in full force.

Assignment
These Terms and our Privacy Policy and all rights and licenses granted to you, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment by you will be null and void.

Power to Amend These Terms

These Terms are effective as of the Last Modified date at the top of this page.

We may amend these Terms at any time, for any reason, with or without notice to you, and your continued use of the Services after the amended Terms are posted on our Services will constitute your acknowledgment and agreement to the amended Terms. However, to the extent the amended Terms materially alter your rights or obligations in these Terms, the amended Terms will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Terms; or (b) 30 days after the amended Terms are posted on the Services.

Contact

Except as otherwise required, all notices and communications that you may send to us shall be sent to us, with all expenses prepaid, at the following address: PO Box 490, Riderwood, MD 21139-0490, USA

You may send informal communications to us via email at support@idrs.org.

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PRIVACY POLICY

Last Modified: May 25, 2020

Thank you for using idrs.org (the “Services”).

This Privacy Policy applies to your use of the Services. If you do not agree to this Privacy Policy, then do not use the Services.

For clarity, all references to “us” (and similar words such as “we” and “our”) mean International Double Reed Society, an Ohio non-profit corporation (regardless if they are capitalized), and all references to “you” mean the individual using the Services (regardless if the word is capitalized). However, if you are using the Services on behalf of a business entity, then “you” means both you and your business entity.

Information We Collect

Anonymous Data
We may collect (or you may provide to us) information which is not personal in nature and which may not be used to identify you as a specific individual or business (“Anonymous Data”).

Personal Data
As a result of your use of the Services we may collect (or you may provide to us) the following types of information (“Personal Data”):

  • Basic Information: Your name, organization name, address, email address, phone number, photos, videos, and similar types of information.
  • User Account Information: Usernames, nicknames, passwords, and similar types of information.
  • Payment Information: Payment information including credit/debit card numbers, account numbers, and similar types of information.
  • Your Content: You may also voluntarily provide information to us through the Services and also through other communication channels, including content, text, photos, videos, audio files, and similar types of information.
  • Information We Collect Automatically: We may collect information about you automatically, including your IP address, operating system, browser ID, browsing activity, time stamps, site navigation, button clicks, and similar types of information. We may also use and/or collect cookies and other types of data files (such as web beacons and cookie-equivalent technology), some of which may be stored on your computer or electronic device for use when you use the Services.

Sensitive Personal Data
We do not ask for, and we request that you not provide us with, any sensitive information about you, including for example your racial or ethnic origins, political opinions, religious or philosophical beliefs, trade union membership information, genetic data, biometric data, health data, sex life data, or sexual orientation data.

How We Use Your Information

Anonymous Data
We may use Anonymous Data for any purpose not otherwise prohibited by applicable law, without your consent, without providing notice to you, and without providing compensation to you, including without limitation sharing and selling Anonymous Data to third parties.

Personal Data
Except as provided below and elsewhere in this Privacy Policy, we will not share or sell your Personal Data. 

  • Provision and Customization of Services: We may use your Personal Data to provide the Services to you for their intended purposes, as well as to customize and/or enhance your use of the Services.
  • Advertising: We may use your Personal Data to serve more customized ads to you on the Services.
  • Communications: We may use your Personal Data to send communications to you, including marketing communications.
  • Payments: If you purchase goods or services through our Services, then we may use your Personal Data to process your purchase and payment.
  • Sharing with Affiliates & Third Parties: We may share your Personal Data with our affiliates and other third parties to accomplish the purposes outlined in this Privacy Policy and in our Terms of Service (for example Membee). This includes sharing your Personal Data with third party payments processors.
  • Retention: We may store and retain your Personal Data for purposes of using it as described in this Privacy Policy. However, we do not have any obligation to store your Personal Data for the benefit of you or any other third party.
  • Per our Terms of Service: We may use your Personal Data as provided in our Terms of Service.

Your Content
If you upload any content deemed “Your Content” under our Terms of Service, then we may publish and share that content along with your name or user name for the purposes of publishing it on the Services as directed or requested by you, including in directories, blog posts, forums, video libraries, and the like. Additionally, if you create a profile to be included in our member directory, then we may publish and share in our directory any information which you include in the public-facing portion of your profile settings.

Improvements to the Services
If you share ideas or suggestions with us regarding how to improve or modify our Services, then we may use all of the same without your consent, without providing notice to you, and without providing compensation to you.

Compliance with Legal Process
We may use and/or share your Personal Data as follows: (a) to comply with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms; (b) to respond to lawful requests by public authorities, including to meet national security or law enforcement requirements; (c) to prosecute and defend a court, arbitration, or similar legal proceeding; (d) with our representatives and advisors, including attorneys and accountants; and/or (e) if we have a good faith belief that disclosure is necessary to enforce this Privacy Policy or our Terms of Service or to investigate or prevent illegal or immoral actions.

Aggregated Data
We may aggregate your Personal Data with information we have about other users, individuals, and business, for the purpose of converting your Personal Data into Anonymous Data. Once converted, we may use that information as provided in this Privacy Policy.

Your Choices Regarding Your Information

Account Settings
Some of the information you provide to us may be changed or deleted by you in your account settings. However, even if you change or delete that information, we may retain previous versions of the information for a reasonable period of time in order to continue providing the Services.

Cookies & Tracking Data
You may restrict our ability to use cookies and certain other types of data files by adjusting the settings on your device or browser.

Deleting Your Data
You may request that we delete your Personal Data from the Services, but we do not have any obligation to honor that request.

Additional Rights Under the European Union’s General Data Protection Regulation (GDPR)

General
If you are a “Data Subject” under the GDPR, then in addition to the rights outlined elsewhere in this Privacy Policy, you have the rights outlined in this section. If you have questions about any of these rights or if you would like to exercise any of these rights, please contact us at support@idrs.org. Also, please note that certain portions of the Services will not work for you unless you provide us with your Personal Data.

As between the Data Subject and us: (a) we are the Data Controller because we determine the types of information we collect the how we use that information; and (b) we may use the services of various third party service providers to process that information on our behalf (known as Data Processors) to accomplish the purposes outlined in this Privacy Policy and our Terms of Service.

Legal Basis for Processing Personal Data under the GDPR
As to Data Subjects, we may process your Personal Data for one or more of the following reasons: (a) we have a contract with you and we need to do so to perform our obligations in that contract; (b) you have consented to the processing; (c) the processing is in our legitimate interests and is not overridden by your rights; (d) for payment processing purposes; and (e) to comply with law.

Specific Additional Rights
If you are a Data Subject, then you have the following specific additional rights:

  • You have the right to be informed about what data we collect and how we use it.
  • You have the right to request access to your Personal Data.
  • You have the right to have us rectify your Personal Data if it is inaccurate or incomplete.
  • You have the right to have us erase, remove, or delete, your Personal Data.
  • You have the right to restrict our processing of your Personal Data as provided in the GDPR.
  • You have the right to data portability with respect to your Personal Data.
  • You have the right to object to certain uses of your Personal Data as provided in the GDPR.
  • You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the GDPR.
  • To the extent you provided consent to our processing of your Personal Data, you have the right to withdraw that consent at any time. However, such withdrawal will not be effective with respect to lawful processing based upon consent that occurred prior to your withdrawal. (We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.)
  • We will only retain your Personal Data for as long as necessary for the purposes outlined in this Privacy Policy and our Terms of Service.

Transfer of Data
When Data Subjects submit Personal Data to us, that information will travel to us in the United States of America, where we will process that information. Please note that the data protection laws in the USA may differ from those of your jurisdiction. After we obtain that information, we will only transmit it to a different country pursuant to legal contracts containing suitable safeguards as contemplated in the GDPR. If you would like a copy of those safeguards, please contact us at support@idrs.org.

Security

We will use commercially reasonable efforts to protect your information, especially your personally identifiable information and payment information.

However, since the Internet is not a 100% secure environment, we cannot ensure or warrant the security of any information you transmit to us. Further, it is your responsibility to protect the security of your login information and credentials.

Power to Amend This Privacy Policy
This Privacy Policy is effective as of the Last Modified date at the top of this page.

We may amend this Privacy Policy at any time, for any reason, with or without notice to you, and your continued use of the Services after the amended Privacy Policy is posted on our Services will constitute your acknowledgment and agreement to the amended Privacy Policy. However, to the extent the amended Privacy Policy materially alters your rights or obligations in this Privacy Policy, the amended Privacy Policy will become effective upon the earlier of (a) your continued use of the Services with actual knowledge of the amended Privacy Policy; or (b) 30 days after the amended Privacy Policy is posted on the Services.

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Conference Terms & Conditions

These terms and conditions (the “Terms”) govern your registration, attendance, and performance (your “Participation”) in an event (the “Event”) organized by us and our affiliates.

All references to “us” (and similar words such as “we” and “our”) mean International Double Reed Society, an Ohio non-profit corporation (regardless if they are capitalized), and all references to “you” mean the individual Participating in the Event (regardless if the word is capitalized). However, if you are Participating on behalf of a business entity, then “you” means both you and your business entity.

No Recording by Attendees

Except as otherwise permitted by us in writing, you shall not: (a) record any audio or video during live performances at the Event; or (b) share any audio or video from the Event on social media or elsewhere. However, we may share recordings on our social media channels (such as Facebook and Twitter) and we encourage you to share those using the share feature on the applicable social media platform.

Recording Release

We and our affiliates may record audio and video of the performances at the Event. Unless otherwise selected by you when submitting your proposal, by performing at the Event, you consent to our and our affiliates’ use, livestreaming, distribution, and sale, of those recordings, including the use of your likeness, without compensation to you, as follows: (a) to promote us and our affiliates; and (b) to further the non-profit purposes defined in our governing documents. To the extent any copyright in those recordings vested in you as a result of the performance and recording, you hereby grant us an unlimited, royalty-free license to accomplish those uses, including the right to modify and create derivative works using those recordings. For clarity, this includes the marketing, distribution, and sale, of those recordings by us and our affiliates, including the host of the Event. You also release us and our affiliates from all liability with respect to those uses.

No Commercial Activity

Except for as permitted by us in writing, you shall not market or sell any commercial goods or services in or around the concert halls. However, attendees may market and sell commercial goods and services through: (a) a registered vendor in the exhibit halls; and (b) the message boards approved by us.

The Event

We and our affiliates have final say on all Event details, schedules, performers, and the like. We may add, remove, change, or cancel, those details at any time, for any reason, without any liability to you.

Registration Fees

We may require registration fees to Participate in the Event. All fees paid by you for the Event are nonrefundable.

Safety and Security

You shall comply with all reasonable rules which we enact with respect to your Participation in the Event, including reasonable searches of your property when entering and attending the Event.

ASSUMPTION OF RISK
You acknowledge that your Participation in the Event is voluntary, and you understand the nature of the Event. To the maximum extent permitted by law, you assume all risks associated with Participating in the Event.

RELEASE OF CLAIMS
To the maximum extent permitted by law, you (for yourself and anyone who might make a claim on your behalf) hereby release us and our affiliates, and their respective owners, directors, officers, managers, employees, contractors, and other representatives, from claims, demands, actions, suits, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) that you may have now or in the future related in any way to the Event or these Terms.

LIMITATIONS OF LIABILITY
To the maximum extent permitted by law, we and our affiliates will not be liable to you under any cause of action or theory of liability, even if a party has been advised of the possibility of such damages, for (a) indirect, incidental, special, consequential, or exemplary damages, or (b) lost profits, revenues, customers, opportunities, or goodwill.

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2020 Artistic Proposal Re-Submission Guidelines

If you were accepted to perform a daytime recital in Iowa for our 2020 conference and did not use your proposal in our 1st Virtual Symposium, you may re-submit your 2020 proposal for guaranteed acceptance. Please note proposals will be modified to a maximum of 25 minutes and must not include any changes except for updates on accompanying musicians. If you would like a copy of your original proposal emailed to you, email wolf@idrs.org. Evening and masterclass proposals must be submitted as a new proposal.

Social Media Policy

To honor equality and inclusion of all of our world wide community members, we only post official IDRS news, announcements, and associate organization material on our profiles. We will continue to strive to keep our official channels a place of community and will be sharing regular updates about new public and member resources, upcoming events, and ways to stay connected. If you have any questions, please reach out to support@idrs.org.

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