Terms and Conditions
The following are the terms and conditions that must be agreed on in order to utilize the therapeutic music database.
This is an agreement between you and Music Therapy Gateway in Communications, Inc. (“MTGIC”). The MTGIC Database of Therapeutic Music (“MTGIC Database”) accessible on this website may be accessed only by those who agree to be bound by the terms of this agreement (“Agreement”). By clicking the “I AGREE” icon while requesting access, you assent and agree to be bound by the terms of this Agreement. In return, you will receive the right to download and use content from the MTGIC Database on the terms set forth below.
- 1. Purpose.
The MTGIC Database contains musical compositions intended for use by therapists, caregivers, and educators to benefit persons having motor, speech, and cognition challenges and who may benefit from music therapy. This Agreement binds you to a code of ethical and legal conduct intended to achieve this purpose. The success of the MTGIC DATABASE, however, depends on your adherence to the terms of this Agreement.
- 2. Agreement.
By signifying your assent, you agree to be contractually bound to the terms of this Agreement. You further agree that your assent, given electronically, shall have the same legal effect as if it had been personally signed by you. To the extent permitted by law, this Agreement is intended to supersede any provisions of applicable law which might otherwise limit its enforceability or effect because it was entered into electronically.
- 3. Access.
By entering into this Agreement, you will be granted a revocable license from MTGIC to access and download content from the MTGIC Database without charge. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. MTGIC reserves the right to deny you access temporarily or permanently to the MTGIC Database or terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain this site, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close this website or deny you access to it, and revoke your right to use content obtained from the MTGIC Database.
- 4. Authorized Use of Content – Rights Non-transferable.
MTGIC grants certain users the following limited rights to download and use content in the MTGIC Database in a manner consistent with the purpose of the MTGIC Database as defined above.
Parents and caretakers may download compositions onto multiple devices within a household or organization for personal use or for use within a household (such as a parent working with a child in the same house).
Credentialed therapy professionals and educators may download compositions onto their own devices to utilize with their clients/students. For purposes of facilitating use of the compositions outside of the classroom or therapist office as requested by a therapist or educator, clients and students may download compositions to their individual devices utilizing their own user credentials.
User access privileges may not be transferred by you to any third parties.
- 5. Prohibited and Restricted Uses.
MTGIC Database access and content may not be shared between different households/organizations. Unique user credentials must be established for each household or for everyone within an organization using the database.
No MTGIC Database content may be streamed from or uploaded to another internet website.
No MTGIC Database content may be distributed from or through another platform such as via a private intranet for organizations. MTGIC Database compositions utilized therapeutically for use within such organizations as hospitals, schools, or assisted living centers must be individually downloaded by the therapist/caregiver working with each client, and not at the organizational level.
No MTGIC Database content may be licensed, sold, performed, or otherwise exploited for monetary gain.
- 6. Acknowledgement of Rights.
By accessing the MTGIC Database, you acknowledge and agree that the MTGIC Database and the MTGIC Database content are protected by copyright under U.S. Copyright laws and are the property of MTGIC. You may not copy, reproduce, distribute, publish, display, perform, sample, modify, create derivative works, transmit, or in any way exploit any such content, nor may you distribute any part of MTGIC Database content over any network, including a local area network, sell or offer it for sale, or use such content to construct any kind of database except as permitted by this Agreement. You may not alter or remove any copyright or other notice from copies of the content on this website.
- 7. Disclaimers.
The MTGIC Database compositions are designed for therapeutic use. If a user is not familiar with protocols for correct music therapy utilization, then that user should not expect more positive results consistent with outcomes of use by someone with expertise utilizing the protocols.
MTGIC DOES NOT PROVIDE ANY WARRANTIES OR MAKE ANY REPRESENTATIONS ABOUT ANY BENEFITS OR OPPORTUNITIES WHICH A USER MAY OBTAIN AT THIS SITE. MTGIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
