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Terms of Service

~~ Effective 5/30/2024 ~~

 

Welcome to The Trumpet Forum. By accessing and using our website, you agree to comply with and be bound by the following terms and conditions. Please read them carefully. If you do not agree to these terms, you should not use this site.

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1. Acceptance of Terms

By using The Trumpet Forum, you agree to abide by these terms and conditions. The Trumpet Forum reserves the right to change these terms at any time, and your continued use of the site signifies your acceptance of any changes.

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2. Content Ownership and Licensing

 2.1 User-Generated Content: By posting content on The Trumpet Forum, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the operation of the site and our business. This license ends when you delete your content or your account, except to the extent that your content has been shared with others and they have not deleted it.

 2.2 Forum Content: All content provided by The Trumpet Forum, including but not limited to text, graphics, logos, images, and software, is the property of The Trumpet Forum and is protected by international copyright laws. Unauthorized use of this content is strictly prohibited.

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3. User Conduct

 3.1 Prohibited Activities: You agree not to engage in any of the following prohibited activities:

 - Harassing, threatening, or defaming other users.

 - Posting content that is offensive, obscene, or violates any laws.

 - Spamming or advertising without prior consent.

 - Using the site for any illegal or unauthorized purpose.

 - Attempting to interfere with the proper functioning of the site.

 3.2 Account Security: You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

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4. Privacy Policy

Our privacy policy outlines how we collect, use, and protect your personal information. By using the site, you consent to the collection and use of information in accordance with our privacy policy.

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5. Liability Disclaimer

 5.1 Use at Your Own Risk: The Trumpet Forum is provided "as is" and "as available" without any warranties of any kind. We do not guarantee that the site will be secure, uninterrupted, or error-free.

 5.2 Limitation of Liability: In no event shall The Trumpet Forum, its owners, affiliates, or employees be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the site, even if we have been advised of the possibility of such damages. This includes but is not limited to damages for loss of profits, goodwill, data, or other intangible losses.

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6. Indemnification

You agree to indemnify, defend, and hold harmless TheTrumpet Forum, its owners, affiliates, and employees from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the site, your violation of these terms and conditions, or your infringement of any intellectual property or other rights of any person or entity.

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7. Termination

The Trumpet Forum reserves the right to suspend or terminate your account and access to the site at any time, without notice and for any reason, including but not limited to violation of these terms and conditions. Upon termination, your right to use the site will immediately cease.

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8. Dispute Resolution

 8.1 Governing Law: These terms and conditions shall be governed by and construed in accordance with the laws of Wyoming, USA, without regard to its conflict of law provisions.

 8.2 Arbitration: Any disputes arising out of or in connection with these terms and conditions or the use of the site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Wyoming, USA.

 8.3 Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

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9. Modifications to the Site and Terms

The Trumpet Forum reserves the right to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice at any time. We also reserve the right to modify these terms and conditions at any time. It is your responsibility to review these terms periodically for changes. Your continued use of the site following the posting of any changes constitutes acceptance of those changes.

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10. Intellectual Property Rights

 10.1 Trademarks: The Trumpet Forum and all related names, logos, product and service names, designs, and slogans are trademarks of The Trumpet Forum or its affiliates or licensors. You must not use such marks without the prior written permission of The Trumpet Forum.

 10.2 Copyright Infringement: If you believe that any content on the site infringes your copyright, please contact us with a detailed description of the alleged infringement. The Trumpet Forum will take appropriate action, including the removal of infringing content if necessary.

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11. User Submissions

 11.1 Submissions: Any comments, suggestions, feedback, or other communications (collectively, "Submissions") you send to us are deemed to be non-confidential and non-proprietary. The Trumpet Forum shall have no obligation of any kind with respect to such Submissions and shall be free to use, disclose, reproduce, modify, and distribute the Submissions for any purpose whatsoever, without limitation.

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12. Third-Party Links

The Trumpet Forum may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services on or available from those websites or resources. Links to such websites or resources do not imply any endorsement by The Trumpet Forum of those websites or resources or the content, products, or services available from those websites or resources.

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13. Disclaimer of Warranties

 13.1 General Disclaimer: The Trumpet Forum provides the site on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, The Trumpet Forum disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

 13.2 No Guarantee of Results: The Trumpet Forum makes no warranty that the site will meet your requirements, be uninterrupted, secure, or error-free, or that the results that may be obtained from the use of the site will be accurate or reliable.

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14. Limitation of Liability

 14.1 Exclusion of Damages: To the fullest extent permitted by applicable law, The Trumpet Forum shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:

 - Your use or inability to use the site.

 - Any unauthorized access to or use of our servers and/or any personal information stored therein.

 - Any interruption or cessation of transmission to or from the site.

 - Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our site by any third party.

 - Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the site.

 14.2 Cap on Liability: In no event shall The Trumpet Forum's aggregate liability for all claims relating to the site exceed the amount you paid The Trumpet Forum, if any, in the past twelve months for the services giving rise to the claim.

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15. Notice

 15.1 General: You agree that The Trumpet Forum may provide you with notices, including those regarding changes to the terms, by email, regular mail, or postings on the site.

 15.2 Notice to The Trumpet Forum: Any notices or other communications provided by you under these terms will be given:

 - Via email to [brass@thebrassclub.com]

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16. General Provisions

 16.1 Entire Agreement: These terms and the privacy policy constitute the entire agreement between you and The Trumpet Forum with respect to the subject matter hereof, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

 16.2 Assignment: You may not assign or transfer these terms, by operation of law or otherwise, without The Trumpet Forum's prior written consent. Any attempt by you to assign or transfer these terms, without such consent, will be null and of no effect. The Trumpet Forum may freely assign or transfer these terms without restriction.

 16.3 Severability: If any provision of these terms is held to be invalid or unenforceable, the remaining provisions of these terms will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

 16.4 No Waiver: The failure of The Trumpet Forum to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.

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17. Additional Terms

 17.1 Community Guidelines: Users must adhere to the community guidelines, which outline acceptable behavior and content standards. Violation of these guidelines may result in suspension or termination of your account.

 17.2 Age Restrictions: You must be at least 13 years old to use The Trumpet Forum. If you are under 18, you may use the site only with the involvement of a parent or guardian.

 17.3 Governing Language: The governing language of these terms and all communications between you and The Trumpet Forum shall be English. If these terms are translated into another language and there is a discrepancy, the English version shall prevail.

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18. Force Majeure

The Trumpet Forum shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond The Trumpet Forum's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

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19. Feedback and Reporting

 19.1 Feedback: We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the site ("Feedback"). You may submit Feedback by emailing us at [brass@thebrassclub.com]. Any Feedback you provide will be considered non-confidential and non-proprietary. By submitting Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 19.2 Reporting Violations: If you believe that a user has violated these terms, please report the violation to us at [brass@thebrassclub.com].

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20. Advertising and Sponsorship

 20.1 Advertisements: The Trumpet Forum may include advertisements and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy, or problem in the advertiser's or sponsor's materials.

 20.2 Paid Advertising: Brands can contact us to add banners and other advertisements to our site for a fee. For more information on paid advertising opportunities, please contact us at [brass@thebrassclub.com].

 20.3 Endorsements: The Trumpet Forum does not endorse any product, service, or company mentioned in advertisements or sponsored content on the site. All advertisements and sponsored content must be clearly identified as such.

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21. Digital Millennium Copyright Act (DMCA) Compliance

 21.1 Notification of Infringement: The Trumpet Forum respects the intellectual property rights of others and complies with the provisions of the DMCA. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

 - A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.

 - A description of the copyrighted work that you claim has been infringed.

 - A description of where the material that you claim is infringing is located on the site.

 - Your address, telephone number, and email address.

 - A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

 - A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 21.2 Counter-Notification: If you believe that your content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with our designated copyright agent. Your counter-notification must include:

 - Your physical or electronic signature.

 - Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled.

 - A statement under penalty of perjury that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification.

 - Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the federal court in your district and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person.

 21.3 Designated Copyright Agent: Notices and counter-notices must be sent to our designated copyright agent at [brass@thebrassclub.com].

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22. International Users

The Trumpet Forum is operated in Wyoming, USA. If you are accessing the site from outside Wyoming, USA, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Trumpet Forum makes no representation that the site is appropriate or available for use in other locations.

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