Terms of Use

Acceptance of Terms of Use

These Terms of Use govern your use of the Ensemble Manager (EM) service and website. By using, visiting, or browsing the EM service or website, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the EM service or website. These Terms of Use are an ongoing contract between you and EM and apply to your use of the EM service and website. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

Emerald City Productions LLC (owner of EM), reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the EM website. The most current version of the Terms of Use will supersede all previous versions.

Privacy

Any personally identifying information submitted on the EM website is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How Our Service Works

EM is an online subscription database service providing its members with personnel, library, and seating chart/stage planning tools. We offer membership plans at varying price levels, including special promotional plans or memberships. Under our plans, members have unlimited storage capacity for information and can access our service through any compatible web browser.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use. Below is a general description concerning the operation of our service:

Personnel Database – EM contains a fully searchable personnel database with fields tailored to the needs of ensemble directors, arts administrators, and teachers. The database currently includes fields for personal information, performance information, and other membership details. Future versions will allow users to add custom categories and fields.

Library Database – Under Construction. Similar to the personnel database, EM will include fully searchable score (print music) and recording databases. This module will be included in Phase 2 of EM.

Seating Chart/Stage Planning – Under Construction. EM will include seating chart and stage planning modules that will allow users to create graphic representations of their performance setup. Seating charts will be linked to absence/availability records in the personnel database streamlining the setup time required by users.

Membership and Billing

You can find the specific details regarding your membership with EM at anytime by reviewing your confirmation email.

60 Day Trial Period

Our 60 day trial begins on the date your credit or debit card (Payment Method) is authorized by Paypal. Your Payment Method will be charged the membership fee associated with your membership type monthly on the date of your registration. You will not receive a notice from us that your 60 day trial is nearing its end. YOU MUST CANCEL PRIOR TO THE END OF YOUR 60 DAY TRIAL TO QUALIFY FOR A FULL REFUND OF MEMBERSHIP FEES CHARGED TO YOUR PAYMENT METHOD TO THAT POINT IN TIME. EMAIL INFO@ENSEMBLEMANAGER.COM TO CANCEL YOUR MEMBERSHIP. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at anytime. We offer various membership plans, including special promotional. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" below).

Billing

By starting your EM membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee, any applicable tax and any other charges you may incur in connection with your use of the EM service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, including a checking account, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include differing amounts due to promotional offers, differing amounts due to changes in your membership plan, and changes in the amount of applicable sales tax, and you authorize us to charge your Payment Method for such varying amounts. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. At any time, and for any reason, we may provide a refund, discount, bonus disc or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Your Account" button, available at the top of the pages of the EM Web site. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts.

Ongoing Membership

Your EM membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).

Cancellation

You may cancel your membership to EM at anytime, and cancellation will be effective immediately. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. To cancel, email info@ensemblemanager.com and we will cancel your membership within 48 hours of receipt of your email. We reserve the right to terminate your account for any or no reason.

Features & Functionality

Personnel Database

Personnel – The Personnel feature allows you to enter, delete, edit, browse, and search individuals in the personnel database. Within this screen you can enter contact information, membership details, performance information (instrumental and vocal), and a photo. The “Event Record” link at the top of this screen allow you to access the event record of the personnel in question and record their availability for events. The “Absence/Tardy Entry” link allows you to record absences and tardies for an individual in advance of and post date in question. The “Audition Entry” link allows you to record the results of an audition as well as see the results of past auditions for the individual in question.

Events - The Event feature allows you to enter, delete, edit, browse, and search events in the personnel database. Besides all necessary event details, you can also assign events to specific membership classes and ensembles using this feature.

Auditions - The Audition feature allows you to enter, delete, edit, browse, and search Auditions in the personnel database. Besides all necessary audition details, you can also assign auditions to specific ensembles using this feature.

Reports – The Report feature allows you to view absence (absences by date range), event availability (yes and no by event or multiple events), and personnel reports (all personnel fields by multiples search options) and download them in csv format.

Library Database – Under Construction

Seating Charts – Under Construction

Stage Plans – Under Construction

EM has been tested to function using the latest versions of Internet Explorer, Firefox, Chrome, and Safari (including the mobile versions of these browsers).

Applications

The EM website may contain links to websites or links and/or other connections to applications (including, without limitation, websites, widgets, software, or other software utility) ("Application(s)"). Such Applications may be owned or operated by third parties that are not related to, associated with or sponsored by EM. Unless otherwise noted by EM on the EM website, these Applications are provided solely as a convenience to you, and EM is not responsible for and does not endorse the content of such Applications. You will need to make your own independent judgment regarding your interaction with these Applications. You may choose, at your sole and absolute discretion and risk, to use an Application and such Application may interact with, connect to or gather and/or pull information from and to your EM account.. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information relating to your EM account, you are consenting to the information about your account being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if EM has not provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold EM harmless for the sharing of information relating to your EM account that results from your use of an Application. You must read all log-in boxes and other pop-up boxes closely for notices about sharing your EM account information with, through or by any other means identified on an Application. In addition, that Application's end user license agreement, terms of use, and/or any other documentation or materials designated by the Application will govern your use of that Application. You may revoke an Application's access to your EM account at any time, but information shared prior to revocation may continue to be viewable within, or otherwise continue to be used by, the Application depending on the policies of such Application. Certain Applications may be appear to be associated with or sponsored by EM. While these Applications may utilize EM trademarks with our permission, we do not take any responsibility for the performance of the Application or the use of any information shared with the Application. Use of Applications is at your own option and risk. If you have any questions, concerns, complaints, or claims about the Applications, you should contact the support or contact personnel of the Application and not EM, unless otherwise indicated by EM. EM DISCLAIMS ALL LIABILITY ARISING FROM YOUR USE OF APPLICATIONS.

Account Access; Identity Protection

In order to provide you with ease of access to your account, EM will place a cookie (a small text file) on any computer from which you access the EM website. When you revisit the EM web site, this cookie will enable us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the EM website. If you find that you're a victim of identity theft and it involves a EM account, you should notify customer service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. EM reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. EM is not obligated to credit or discount a membership for holds placed on the account by either a representative of EM or by the automated processes of EM.

Disclaimers of Warranties and Limitations on Liability

THE EM SERVICE, INCLUDING THE WEBSITE AND ITS CONTENTS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE EM SERVICE, THE WEBSITE AND ITS CONTENTS. EM DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE EM SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT EM MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE EM SERVICE AT ANY TIME, WITHOUT COMPENSATION OR NOTICE TO YOU. EM SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AS DEFINED IN THE APPLICATIONS SECTION ABOVE AND ANY DEVICES AS SET FORTH IN THE EM READY DEVICES SECTIONS ABOVE. Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the EM service or on the EM website; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the EM service and/or website, (iv) delivery and or display of any content contained on the EM website or through the EM service; and (vii) any losses or damages arising from the use of the content provided on the EM website or the EM service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, including the remote desktop tool offered by Customer Service or any conduct by users of the EM service or website. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content contained on our website. We do not represent or guarantee that your use of the EM service and website will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon EM or its affiliated parties. In no event shall EM, Inc., its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the EM website, its contents or the EM service, features or functionalities associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or the EM service, features or functionalities associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's membership fee on your membership plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Functionality Compatibility

EM MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING EM READY DEVICES. Additional disclaimers or limitations of liability may be contained in the various software end user license agreements you have agreed to by using our watch instantly functionality.

Intellectual Property

All content included on the EM Web site and delivered to members as part of the service, including text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, is the property of Emerald City Productions LLC, or its suppliers and is protected by United States and international copyright laws or other intellectual property laws and treaties. The compilation of all content on this site is the exclusive property of Emerald City Productions LLC, and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Emerald City Productions LLC or its suppliers. You agree not to decompile, reverse engineer or disassemble any software (including but not limited to the EM Service) or other products or processes accessible through the EM website, not to insert any code or product or manipulate the content of the EM website in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. EM reserves the right to terminate your membership hereunder if EM, in its sole and absolute discretion, believes that you are in violation of this paragraph. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the EM website.

Trademarks

Ensemble Manager is a registered trademark of Emerald City Productions LLC. The Ensemble Manager logo and Ensemblemanager.com are trademarks or service marks of Emerald City Productions LLC. The EM website, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Emerald City Productions LLC. The trademarks, service marks and trade dress of EM may not be used or reproduced without prior written approval from Emerald City Productions LLC and may not be used in connection with any product or service that is not affiliated with EM, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of EM, or in any manner that disparages or discredits EM. Other trademarks that appear on the EM website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EM. Any images of persons or personalities contained on the EM website are not an indication or endorsement of EM or any particular product or our service unless otherwise indicated.

Use of Information Submitted

EM, Inc., is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to EM ("Feedback"), including responses to questionnaires or through postings to the EM website, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the EM website or other websites. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future. Please note EM does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to EM. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against EM and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including service levels, plans, promotions, features, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Electronic Communications

By using the EM service, you consent to receiving electronic communications from EM. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service. These communications are part of your relationship with EM and you receive them as part of the EM membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Customer Service

If you need assistance with your account, you may find answers and reach Customer Service at any time here, where you will find the answers to many frequently asked questions and information on reaching a live Customer Service Representative. In certain instances, Customer Service may best be able to assist you by using a remote access support tool, which will enable us to interact directly with your account. We provide such support service only with your permission and in your presence (via phone and Internet connection). During the time we are providing you with remote access support service, we have full access to your desktop. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will do our best to assist you through other means. The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service, including any remote desktop access tool.

Your Conduct on the EM Website

By accessing the EM website, you agree to use the EM service, features and functionalities associated therewith, the Web site and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the EM website. You also agree not to interfere with the servers or networks connected to the EM website or to violate any of the procedures, policies or regulations of networks connected to the EM website. You also agree not to impersonate any other person while using the EM website, conduct yourself in a vulgar or offensive manner while using our service, or use the EM website for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to become a member of the EM service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the EM website, including but not limited to information contained within a member or members' Queue, without our express written consent. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EM without our express written consent. You may not use any meta tags or any other "hidden text" utilizing the EM name or trademarks without our express written consent. Any unauthorized use of the EM website or its contents will terminate the limited license granted by us.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links and Pages

Some of the hyperlinks on the EM website may lead to other websites or Applications that are not controlled by, or affiliated with, EM, Inc. In addition, other websites may link to the EM website or EM may include links to the websites of businesses, including those that have associations with us through certain programs. For example, EM may include pages that display and provide information on Applications, EM ready devices or other products. These pages may provide links to third party sites where EM members may obtain or purchase such Applications and devices. EM has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. Members acknowledge and agree that EM is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on the websites, or the performance of any Applications and devices. You should carefully review their privacy statements and other terms and conditions of use. You should also refer to the section of these terms titled "Applications" and "EM Ready Devices".

Disputes; Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of Virginia, without regard to conflicts of laws provisions. The parties agree that in any such dispute or subsequent legal action, they will only assert claims in an individual (non-class, non-representative) basis, and that they will not seek or agree to serve as a named representative in a class action or seek relief on behalf of those other than themselves. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Last Updated: October 2009