Last Updated: 08/11/06
The MozartForum Discussion Board is a privately-owned service, voluntarily offered to you by its owners free of monetary charge. The only “price” we ask in return for our efforts is registration and the observance of these Terms of Use.
I. General Provisions
1. Terms and Conditions:
This page states the Terms and Conditions (the “Terms”) under which you, as a registered member, agree to use the MozartForum Discussion Board, (the “Board”). By registering for and using this Board, you agree to be bound by these Terms. The owners of this Board reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time for any reason, and by using the Board you agree that you will re-visit this page periodically for review and updates. If you do not agree to these Terms of Use, please do not register to use the Board. Your continued use of this Board following the posting of changes to these Terms will indicate that you accept those changes and agree to abide by them.
2. Purpose:
You acknowledge that the sole purpose (the “Purpose”) of this Board is to provide a place where people—amateurs and professionals alike—can come together to discuss, exchange, inquire, inform, and announce, interact with others, or to otherwise educate and/or benefit from others, with regard to the fascinating subject of Wolfgang Mozart, his music, his life and his times, or news, events or personal experiences relating to these. It is not to be used for any other purposes.
3. Ownership of the Discussion Board:
You acknowledge that the Board is privately-owned and exists solely because it is worth the time and effort of the owners to provide it. Decisions concerning its operation and membership are solely within the purview of its owners and no one else. While private feedback is always considered, the final decision for any action thereon will belong to the owners. We reserve the right to refuse service to anyone for any reason.
4. Use of Site Material:
The MozartForum provides its Board for discussion and informational purposes only. Postings made freely to this Board become a permanent part of the website’s database. By posting any content on the board, you grant The MozartForum the royalty-free right to use and maintain that content on our Board as we deem necessary. This is does NOT imply that the author is unable to use his material elsewhere—he is completely free to do so—nor does it imply that the owners of The MozartForum will use that material elsewhere. It simply means that we retain our right to maintain the integrity of our database and the appearance of desired material on our Board. If an author wishing to post papers, articles and other "think pieces" has any concerns about the use of his material, he is welcome to discuss it with the owners privately in advance to ensure that all parties are satisfied, as The MozartForum does not claim copyright privileges on such material. Such an agreement is not intended for simple conversational posts. Additionally, should a member in good standing wish to have material removed from the Board, we will entertain requests to do so, but such a decision will be made at our discretion.
5. Discretionary Grant of Membership Privileges:
The Board is privately owned and we reserve the right to exclude anyone at anytime for any reason. At our sole discretion, the following privileges (the “Privileges”) may be initially accorded to those who have registered to use this Board and will continue only for so long as the owners of The MozartForum determines. You also acknowledge that your continued access is contingent upon our sole discretion and upon your observance of the Rules of Conduct (the “Rules”, see Paragraph #7) and all other Terms, you agree that these Privileges may be withdrawn by the owner at any time:
1) the ability to post messages to the Board;
2) the ability to edit your posted messages;
3) the ability to access the Board’s built-in private email system, (the “PMail”).
II. Moderation, Member Conduct and Disciplinary Actions
6. Site Moderation:
The MozartForum supports the free exchange of ideas and enthusiastically welcomes passionate debate. We expect that the members here will treat each other here with respect and civility. Sadly, however, this expectation has not always been met. Therefore, you acknowledge that The MozartForum is a moderated Board, and that all postings made to it are subject to alteration or removal by the Moderators at their sole discretion. Further, you acknowledge that the Moderators control all membership Privileges, and that they are free to take whatever disciplinary action is necessary to enforce our Rules.
7. Rules of Conduct:
The Prime Directive:
Nastiness will not be tolerated.
(This includes but is not limited to: rudeness, incivility, ugliness, spite, malice, derision, ridicule, acrimony, vindictiveness, pugnacity, meanness, pettiness, peevishness, discourtesy, testiness, petulance, unkindness, tactlessness, name-calling, disrespect, boorishness, grossness, indignity, venom, viciousness, and bad manners.)
Additionally, you agree to all of the following:
1) You agree not to post messages containing personal attacks against others. This obviously prohibits diatribes, but it can also refer to a single offensive word, phrase, off-hand remark, or even an image or other materials. Always be mindful of our Prime Directive: Nastiness will not be tolerated. Period. Keep caustic, cutting, acidic, or otherwise snide remarks off of our pages. If necessary, carefully review and edit your posts before you submit them.
2) You agree not to post messages, images, or other materials that are off the topic of Mozart, (of his life, music, times, family, contemporaries, legacy, or related research, scholarship, organizations, websites, publications, etc.), or off the topic of music in general, (of performances, performers, recordings, practices, learning, rehearsing, theory, research, institutions, etc.), or off the topic of personal experiences with any of these.
3) You agree not to post messages, images, or other materials containing wholesale attacks against any racial, ethnic, national, cultural, gender or other group. Bigotry will find no home here.
4) You agree not to post messages, or images, or other materials containing offensive or derogatory language, even if not directed at anyone in particular.
5) You agree to acknowledge that children are allowed to use this website for informational and educational purposes. Therefore, you agree not to post messages, images or other materials that contain obscene, pornographic, sexually explicit, belligerent, violent content or materials otherwise unsuitable for children
6) You agree not to post messages or other materials inviting the exchange of money on the part of our members. Suggestions for donations to well-established Mozart-related non-profit organizations, such as the Internationale Stiftung Mozarteum or the Mozart Society of America, are acceptable, (Suggestions for donations to other non-profit organizations may be considered if it is first cleared with The MozartForum.). Also acceptable are recommendations for Mozart- or music-related items or places to buy them. Also, members may announce that they have a Mozart- or music-related item to sell, although details of the sale should be handled through private email. What is not acceptable is using the Board in any way for directly selling or buying non-Mozart- or music-related items, gaming, or soliciting investments, payments, gifts, compensation, reimbursements or other funds, and such a posting shall be considered a violation. If members are interested in pursuing such transactions among themselves, they are free do so, but the Board shall not be used for such purposes.
7) You agree not to repeatedly post messages containing self-promoting commercial advertising. (First-time information on new Mozart- or music-related items and follow-up discussion, as well as response to questions about such items, is acceptable.)
8) You agree not to post messages that contain baldly false and/or misleading information. Obviously this is a prohibition against just blatantly lying or misrepresenting yourself, but it also includes the case that, if you state something as a fact, you should be prepared, if asked, to cite your source or else retract it and/or make clear that it is an opinion or that it is otherwise unsubstantiated.
9) You agree not to attempt to restart threads closed by the Moderators or to start threads discussing the Moderators’ actions on another thread. Such messages would not serve the stated Purpose of the Board, and would, therefore, violate our prohibition against off-topic threads (see Rule #3). Should you have concerns about Moderator or other administrative actions, you should contact us privately at webmaster@mozartforum.com. We will be happy to discuss it with you.
10) You agree not to post messages on the Board that carry on disputes with others from other websites or places otherwise outside the context of this Board. Leave those problems there.
11) You agree not to post messages, images or other materials that defame, abuse, harass or threaten others. This includes a strict prohibition against issuing threats of any kind, directed against anyone, whether members or owners of this Board.
12) You agree not to post spam, including chain letters, pyramid schemes, “canned” advertisements or other notices, including, but not limited to, those that contain surveys, tests or contests.
13) You agree not to post messages that are in violation of any law, that infringe on the rights of any third party, that advocate illegal activity, or that discuss illegal activities with the intent to commit them.
14) You agree not to knowingly post messages that contain any files or links to files that contain viruses, worms, corrupted files, or any other similar software or programs that may adversely affect the operation of this Board or a member’s computer.
15) You agree not to register and/or post messages under more than one user identity, and you agree to not falsely register as another person or entity.
16) You agree not to submit generally frivolous and/or obnoxious posts that clearly indicate that you are not interested in seriously pursuing the Purpose of the Board.
17) You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, use of the Privileges, access to the Privileges, or any of the content accessible through the Privileges other than content to which you hold intellectual property rights.
18) You agree not to use the PMail to abuse harass, intimidate, threaten, terrorize, or otherwise bother other members. This includes using the PMail email system to do any of the things itemized in Rules #11-17above. (Such incidents will have to be reported to The MozartForum by the recipients, as we are unable to monitor such communications.)
19) You agree that your Privileges will be suspended in the event that you make any move to abuse, harass, intimidate, threaten, terrorize, or stalk the owners. This would include, but would not be limited to, doing any of these things via any form of mail, (PMail, email, US mail, etc) or over the internet, over the phone or in person.
8. Disciplinary Actions:
Again, we reserve the right to terminate any privilege or membership at anytime for any reason. Having said that, we wish to inform our members of our general policy toward tolerance. We acknowledge that there is a difference between a minor error in judgment and a flagrant disregard of our Rules. For the former, therefore, we will be more interested in helping a member amend his behavior and continue as a valued Board participant rather than throwing him off at the proverbial drop of a hat. In such cases, for as long as we feel it is worth our time and trouble, our actions may be more mild than immediately imposing an outright ban. The types of actions we may take include, but are not limited to, the following:
1) To delete an offending word or phrase, a posting may simply be edited, and a note will appear to the effect that this was done by The MozartForum. Such an action will constitute a warning to the member who made the post.
2) Should an entire post be offensive, it may be deleted entirely, and a public or private warning asking the offender to cease may be issued. Such warning may cite the offending content, a citation of the Rule violated, and/or the reason why it was seen as a violation.
3) Should the offender re-offend after two or more warnings, The MozartForum may impose a suspension of the Privileges for a length of time to be determined by us. The offender may be informed, as soon as practically possible, of the suspension, the offending content, a citation of the Rule violated, and/or the reason why it was seen as a violation.
4) Should the offender re-offend after one or more suspensions, The MozartForum may impose a permanent suspension, revoking any and all membership Privileges. The offender may be informed, as soon as practically possible, of the ban, the offending content, a citation of the Rule violated, and/or the reason why it was seen as violation.
5) Those perpetrators who would make aggressive challenges to these actions may have their ISP contacted for further action.
9. Zero Tolerance:
You acknowledge that violations of Rules #11 through #18 above are violations for which we may show no tolerance. The violations of any one of these prohibitions may result in an immediate and permanent revocation of membership Privileges. Neither warning nor explanation may be forthcoming. All direct communication with such perpetrators may be cut off immediately and permanently. If warranted by the
severity of the offence, the perpetrator’s ISP may be contacted. If illegal activity is involved, The MozartForum may contact an appropriate law enforcement agency.
10. Offender Privacy:
You acknowledge that, beyond any initial public warnings and/or the closing of posts or threads, (which is, by nature, public), all communication between The MozartForum and those who it feels have violated its Rules is to be handled privately. It will be held in the strictest of confidence, and will not be revealed to uninvolved parties by The MozartForum under any circumstances. Therefore, you agree to respect that privacy. The MozartForum will not entertain any requests for information about any incident of violation from an uninvolved party. This is for the protection of all concerned. If it didn’t concern you, don’t ask.
11. Reporting Violations
(
):
We offer this site to encourage the exchange of ideas and information on the subject of Mozart, his music and his times. The Moderators cannot be on duty 24/7. Therefore, if you feel that a post violates the above Rules or other Terms, you may click the small red “alert” icon, (shown above) on the message to report it to us, or you may otherwise contact us directly at webmaster@mozartforum.com. The former will reach all of the Moderators. For the latter, it will be helpful if you put something in your subject line indicating that you are reporting a Rule violation.
III. Other Administrative Policies
12. Inactive Member Material:
As stated in the Use of Site Material section above postings freely made on this board become a permanent part of the Board database. You agree that upon your resignation, suspension, or other separation of membership that said material will remain on the site, or be removed at the discretion of the owners.
13. Editing Non-Violating Content:
While The MozartForum retains the power to edit content, we state here for the record our policy regarding content outside the scope of our Rules of Conduct: We are not here to edit, delete, manipulate, control, hamper, or otherwise arrest the free exchange of ideas and information. It is our general policy that Moderator action will only be taken against behavior, not ideology. To the extent that they fall within the stated Purpose of the Board and do not violate any of our stated Rules, dissenting viewpoints will be tolerated here, and they will be left in tact for all to see and comment on, pro, con or otherwise.
14. Moving Non-Violating Content:
You agree that, for the purpose of making or keeping the Board somewhat more organized, making things somewhat easier to find, the Moderators may move a posting to a new or different thread if it strays from the initial topic of the thread. This should not be seen as anything more than an administrative or organizational move. There will be no value judgment involved, and such postings will remain unedited to the extent that they do not violate any of the Rules detailed above in Paragraph #7.
15. User Names, Information and Profiles:
You agree that, when you register, you will choose an appropriate and non-offensive username. When you complete your user profile, you are not required to answer many of the questions asked, but if you choose to answer them, you agree to present accurate and truthful information. The MozartForum may remove any information we discover to be inaccurate or deem inappropriate.
16. Passwords:
You agree not give your password to anyone else and not to use another member's account to post messages on this Board.
17. Member Resignation:
If, at any time, you should choose to voluntarily end your membership in The MozartForum Discussion Board and give up all Privileges, you may contact the Webmaster with your request. It will be honored as soon as possible with no questions asked. The material you have posted to the Board may remain, but your member title will be changed to “Inactive Member”.
18. Suggestions, Complaints, Grievances, and Other Feedback:
If you wish to communicate with the owners regarding the management of this Board, you should feel free to email the owners privately at webmaster @ mozartforum.com. It would be helpful if you put something in the subject line indicating the nature of the communication. You will receive a carefully-considered response. Such issues should not be posted to, (and will not be allowed to remain on) the Board, as this violates our Purpose and our Rule #3 against off-topic threads. Be aware that if you become dissatisfied with this Board, your ultimate remedy shall be to stop using it. See Paragraph #17 to learn how to voluntarily resign your membership
IV. Additional Terms – The Legal Stuff
19. Disclaimer of Warranties:
You expressly understand that:
1) Your use of the Privileges is at your sole risk. The Privileges are provided on an “as is” and “as available” basis. The MozartForum expressly disclaims all warranties of truth with regard to any material or information provided or any other warranty of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2) The MozartForum makes no warranty that:
a. The Privileges will meet your expectations or requirements;
b. The Privileges will be uninterrupted, timely, secure or error-free;
c. the information that may be obtained from the use of the Privileges will be accurate, reliable, or true.
3) The MozartForum does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications posted on the Board or endorse any opinions expressed there. You acknowledge that any reliance on material Posted on the Discussion Board will be at your own risk.
4) Any material downloaded or otherwise obtained through the use of the Privileges is obtained and used at your sole risk and discretion, and you will be solely responsible for any damage to your computer system, loss of data, or interruption of service that results from the download of such material.
5) No advice or information, whether oral, written or verbal, obtained by you through use of these Privileges shall create any warranty by the MozartForum.
6) You further agree that The MozartForum's failure to enforce strict performance of any provision of these Terms of Use and Rules of Conduct shall not be construed as a waiver of any provision or right. All rights not expressly granted herein are hereby reserved.
20. Severability:
In the event any part, portion, or clause of these Terms is deemed to be void, voidable, or unenforceable, that part, portion, or clause will be severed from the agreement and all other aspects of this agreement will continue in full force and effect to the maximum degree allowed by law.
21. Limitation of Liability:
You expressly understand and agree that The MozartForum shall not be liable for any direct, indirect, incidental, special, general, consequential, or punitive damages whatsoever including, but not limited to: damages for loss of profits, goodwill, business interruption, use, data or other intangible losses, (whether based on warranty, contract, tort, or any other legal theory, and whether or not The MozartForum is advised of the possibility of such damages), resulting from:
1) the use or inability to use the Privileges;
2) unauthorized access to or alteration of your transmissions or data;
3) anything said, done or presented by a third party on the Board;
4) utilizing the content of or relying on the accuracy of any information posted on the Board;
5) the cost of procurement of substitute goods and services resulting from any good, data, information or services purchased or obtained or messages received or transactions entered into through your use of the Privileges;
6) any other matter relating to this Board and its Privileges.
You further agree that The MozartForum does not claim that the content on this website is appropriate for or may be used outside the United States of America. Access to the website content may not be legal by certain persons or in certain countries. If you access this website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
22. Indemnification:
You agree to indemnify and hold The MozartForum, and its owners, founders and Moderators, harmless from any claim or demand, including fines, penalties, attorneys' fees and related damages, made by any third party due to or arising out of content you submit, post to or transmit through the Privileges, your use of the Privileges, your connection to the Privileges, your violation of the law, these Terms or the rights of another.
23. Jurisdiction:
The MozartForum originates from Los Angeles County, California, USA. These Terms of Use and Rules of Conduct and your rights and obligations shall be governed by and construed in accordance with the laws of the State of California. You expressly agree that any legal proceeding between The MozartForum and you concerning your use of its Discussion Board, these Terms of Use and Rules of Conduct, or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction within California—The MozartForum is exclusively designated to California.
24. English as the Official Language:
These Terms and The MozartForum website and Discussion Board are developed and maintained in English. At the current time there has been no authorized translation made into any other language. Should a translation be provided by yourself or another party, you are to understand that this is to be used as a convenience only. The MozartForum is not responsible for the accuracy and correctness of any unauthorized translation. You are solely responsible to carefully read and understand the English text and you agree that you may not rely on any unauthorized translation as if it were an official MozartForum document or representation.
V. Privacy Policy
25. User Data:
The MozartForum is committed to protecting the privacy of its members. We allow members of the Board to store contact information, such as their name, email address, birthdate and location. Information that our members provide or that The MozartForum derives from internal web tracking is not sold, rented, or shared with any individual or organization for any purpose. The MozartForum uses this material only to evaluate the information in the aggregate.
26. Modifying Your User Data:
You understand that if you are having difficulty registering, changing, or deleting your information, you should contact us at webmaster @ mozartforum.com, particularly if you suspect that any kind of hacking activity may be involved.
27. Personal Disclosure:
The MozartForum will not disclose any of your information beyond your own postings or contacts with another member. Such disclosure should be made by you alone. You agree to be mindful that whenever you give out personal information online, via discussion boards or private email, that information can be collected and used by people you do not know. While The MozartForum strives to protect personal member information and privacy, we cannot guarantee the security of any information you yourself disclose via the Privileges. You must understand that such disclosures are made at your own risk.
28. IP Address Tracking:
You understand that The MozartForum server log captures the IP address of the computer that connects to the Board and the PMail, and may document the operating system and browser the member is using. You are also to understand that The MozartForum will use a cookie to maintain the visitor's session, but that that cookie is not capable of capturing any personal information about the member.
For suggestions or problems contact the webmaster © 2004-2008 The MozartForum All rights reserved