Opus 40 Privacy Policy and Terms & Conditions

Please read this Privacy Policy and Terms & Conditions document (“Policy”) carefully as it discloses the privacy practices of this Site. By accessing this Site, you indicate your acceptance of this Policy. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to this Privacy Policy and Terms & Conditions document, you must not access or use the Website.

Information Collection

(a) Opus 40, Inc. (“Opus 40”) is the sole owner of the information collected on the Site. Opus 40 only has access to and collects information that you voluntarily give us.

(b) The kind of information that Opus 40 collects from you will vary, depending on how you use the Site. Sometimes Opus 40 will collect personally identifiable information (“Personal Information”). You may be asked to provide information such as your real name, email address, phone number, or address.

(c) In addition to the Personal Information you choose to submit, our systems are set up to gather certain data to help us to better understand how the Site is being used and how we can improve it. This data may not be linked to you personally. This automatically gathered data includes your computer’s “Internet Protocol” (“IP”) address, statistics about how visitors navigate through our Site and information provided through the use of cookies and web beacons (which is described in more detail below).

(d) Finally, as you visit our Site, be aware that third parties may at times be able to gather information from you. For example, third party marketing companies and ad servers may use their own cookies, and companies offering products or services through Opus 40 Sites may use their own cookies and may collect and use the information you submit. In these cases, the third parties may use your information according to their own privacy policies, which may differ from this Policy.

Information Use and Sharing

(a) Opus 40 uses the information to understand your needs and provide you with better services, and may use the information for purposes such as: improve and customize the content and layout of our Sites and other communications tools; send you email news updates; notify you of relevant products and services; track usage of our Sites; provide more relevant advertising on other websites; notify you of upcoming Opus 40 events and programs; keep internal records; and other such purposes.

(b) The use of your information depends on the context in which it is collected.

(c) Additionally, we will disclose Personal Information when we believe in good faith that such disclosures

(i) are required by law, including, for example, to comply with a court order or subpoena, or

(ii) will help to: enforce our policies; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Site(s) or third parties.

(d) Opus 40 will never sell your information.

(e) The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Use of any such linked site is at the user’s own risk.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Opus 40 and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non- commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from this site.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the site is transferred to you, and all rights not expressly granted are reserved by Opus 40. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

The Opus 40 name and all related names, logos, product and service names, designs and slogans are trademarks of Opus 40. You must not use such marks without the prior written permission of Opus 40. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any services or items obtained through the website or to your downloading of any material posted on it or on any website linked to it.

Your use of the website, its content and any services or items obtained through the website is at your own risk. The website, its content and any services or items obtained through the website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither Opus 40 nor any person associated with Opus 40 makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the website. Without limiting the foregoing, neither Opus 40 nor any anyone associated with Opus 40 represents or warrants that the website, its content or any services or items obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the website or any services or items obtained through the website will otherwise meet your needs or expectations. Opus 40 hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

IN NO EVENT WILL THE COMPANY SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless Opus 40 (and its members, directors, officers, employees, service providers, representatives, and agents) against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that they may incur based on claims arising out of (1) your use of our Site or products obtained through it, or (2) a violation of this Policy. Opus 40 reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which it is entitled to indemnification. You agree to provide Opus 40 with whatever cooperation Opus 40 reasonably requests.

Severability

If a court of competent jurisdiction determines that any provision of this Policy are unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law. In the event a court having jurisdiction over the parties holds any provision of this Agreement invalid or unenforceable, the parties shall negotiate in good faith to replace the invalid or unenforceable provision, if possible, with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

Applicable Law

This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the United States, New York and whose courts shall have exclusive jurisdiction over all disputes arising in connection with this Agreement and the place of performance of this Agreement is agreed by you to be United States, New York.

Contact Information

If you have concerns about this Privacy Policy or our privacy practices, contact us at:

Opus 40
50 Fite Road
Saugerties, NY  12477

+1 845 246 3400
info@opus40.org

This Privacy Policy and Terms & Conditions document is subject to amendment or modification at any time with or without notice to you.