From left to right: Rocky Ridge at Dusk, Lupine Amongst the Rocks, and Winter Sunset Over Richardson Bay. All three photographs were taken and color corrected by Ben Hubbell. Copyright © 1995, 1995, and 1992 Ben Hubbell.
March 05, 2011
This terms of use agreement (the “Agreement”) governs your use of the collection of Web pages and other digital content available at the Ben Hubbell Audio Restoration Project (the “Project”). If you accept this Agreement without reading it in its entirety, you are still bound by this Agreement in its entirety.
When you access Ben’s remixes of recordings obtained from the Internet Archive, you will also be bound by the Internet Archive terms of use agreement. If you do not agree to these terms, please do not use this website.
The Project may modify this Agreement from time to time, and your continued use of the website constitutes your acceptance of any and all modifications to the Agreement.
You agree to not share the contact information provided on this website with third parties and you agree to not harvest it for your own commercial use. You agree that when you communicate with the Project you will not include advertising in those communications.
Access to the Project is provided at no cost to you. Access is granted for the following purposes only:
You certify that your use of any part of the Project will be noncommercial and will be limited to non-infringing or fair use under copyright law. If you provide any content to the Project, you grant the Project a nonexclusive, royalty-free right to use that content.
In addition, the Project requests that, according to standard academic practice, if you use the Project for any research that results in an article, a book, or other publication, you list the Project as a resource in your bibliography.
The Project contains links to other sites. The Project is not responsible for the terms of use, privacy practices, or the content of such websites. The policies described on this page apply only to the Project website.
Any website may link to any of the pages on the Project. However, pages from the Project may not be embedded in a frame from the referring site, without the written permission of Ben Hubbell.
Local, national, and/or international laws and regulations may govern some of the content available through the Project, and your use of such content is solely at your own risk. If it is illegal to dance where you live, accessing the Project could get you into serious trouble.
In using this website, you further agree:
| a) | Not to interfere with the work of other website users or website personnel, servers, or resources, |
| b) | Not to violate anyone’s rights of privacy, |
| c) | Not to act in any way that might give rise to civil or criminal liability, |
| d) | Not to collect or store personal data about anyone, |
| e) | Not to infringe on any copyright, trademark, patent, or other proprietary rights of any person, |
| f) | Not to transmit or facilitate the transmission of unsolicited email (“spam”), and |
| g) | Not to harass, threaten, or otherwise annoy anyone. |
You understand and agree that the Project makes no warranty or representation that the content of this website will meet your requirements, that access to the website will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. The Project makes no warranty of any kind, either express or implied.
You agree to indemnify and hold harmless the Project, its parents, affiliates, officers, and agents from and against any and all liability, loss, claims, damages, costs, and/or actions (including attorneys’ fees) arising from your use of the Project’s services and content. You agree that this Agreement is governed by California law and that any suit arising from this Agreement will be brought in Berkeley, California, and you further agree that on the election and reasonable notice of either party any litigation shall be referred to arbitration pursuant to California Code of Civil Procedure Title 9, which begins at §1280. In addition, you agree that should any provision in the Agreement be found invalid, unlawful, or unenforceable, that provision shall not affect the validity or enforceability of the remaining provisions.
Under no circumstances, shall the Project or its parents, affiliates, officers, or agents be responsible for any type of damages arising from or in connection with the use of or the inability to use this website, or any content it contains. This includes, without limitation, damages for loss of profits, use, data, or other intangibles, even if the Project has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you.
This Agreement, the Privacy Policy, the Copyright Policy, and other policies posted on this website constitute the full agreement between you and the Project.
March 06, 2011
The Project uses cookies to confirm that Visitors have visited this Terms of Use page. The Project also uses cookies to prevent Visitors from losing the data they enter into forms before they have finished submitting the form. Cookies are tiny text files that a website can store on a Visitor’s computer. Cookies put on your computer by benhubbell.com cannot be accessed by other websites.
While the Project endeavors to enforce its Terms of Use and to provide a standard degree of computer security, it is important for Visitors to be aware that the Project website is hosted on a shared server, and that the Visitor is not accessing the Project over an encrypted connection. Therefore, third parties may have access to information that you would prefer not to share.
The Project’s server may automatically recognize the domain name of each Visitor, the IP address of each Visitor, what Web pages the Visitor requests, what files the Visitor downloads, and the time of each request, along with information about the Visitor’s computer that is supplied by the Visitor’s browser.
The Project may collect personally identifying information when a Visitor submits a form or sends an email, including the Visitor’s name, address, telephone number, email address, IP address, and any written statements the Visitor makes.
The communications between you and the Project may pass through many machines, operating systems, programs, browsers, Web servers, networks, routers, Ethernet switches, Internet service providers, proxy servers, intranets, the public phone system, or other devices (collectively, “Devices”) on your premises, at the Project, and in between. Some of these Devices create logs of activities that are recorded on computer systems.
The Project may disclose any information it collects from Visitors if the Project believes in good faith that such action is reasonably necessary to enforce its Terms of Use or other policies, to comply with the law, to comply with Constitutionally legitimate legal process, to operate its systems properly, or to protect the rights or property of itself, its Visitors, or others.
It is possible that third parties could compromise the computers at the Project and that the information on the Project’s computers could be collected and disseminated without the knowledge or consent of the Project. While the Project endeavors to block “hackers” from breaking into its machines, the Project is not responsible or liable for any such unauthorized uses of the Project or its data.
March 05, 2011
Remixes of commercial CDs are intended for use as streaming audio only, and you agree to not store these MP3 files on your hard drive or other storage device, except for brief periods during streaming audio playback, when it is necessary to store the currently playing file in your computer’s Temp folder.
Some musicians have a copyright policy that audience members may bring recording equipment into their concerts and that copies of these audience recordings may be freely distributed if no money is charged for the copies. Where such copyright policies exist, the Project may make high-resolution audio files available for download to Visitors’ hard drives or other storage devices.
You agree to not copy images from this website, unless the Project gives you written permission to do so. The appearance of, and the code for, this website are copyrighted by Ben Hubbell, and you agree to not infringe on this copyright. Ben built this website in a text editor, and he hard coded all of the HTML, CSS, JavaScript, and PHP used here. Most of the colors used on the Project Web pages are from a program called Pantone Colorist.
The Project respects the intellectual property rights and other proprietary rights of others. In appropriate circumstances and at its own discretion, the Project may remove or disable access to certain material that appears to infringe on the copyright or other intellectual property rights of others. If you believe that your copyright has been violated by material available through the Project, please provide the following information:
The Project Copyright Agent can be reached as follows:
Project Copyright Agent
Ben Hubbell Audio Restoration Project
1040 University Ave. #427
Berkeley, CA 94710
Phone: 510-540-7214