Terms of Use

Last Updated Date: September 16, 2026

Berklee Connect

1. ACCEPTING THIS AGREEMENT.

These Terms of Use (“Terms”), together with the Privacy Policy, any applicable Supplemental Terms, and all other operating rules, policies, and procedures that we may publish on the Connect Platform, form a legally binding agreement (collectively, the “Agreement”) between you (“You” or “you”) and Berklee College of Music, Inc. (“Berklee,” “we,” “our,” or “us”) governing your use of the Berklee Connect platform available at https://alumni.berklee.edu/ (the “Platform”). Your use of the Platform may be subject to additional terms and conditions made available to you in advance (“Supplemental Terms”), as may be updated from time to time in our discretion.

PLEASE NOTE THAT SECTION 14 (DISPUTE RESOLUTION) OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT, JURY WAIVER, AN ARBITRATION OPT-OUT PROVISION, AND A CLASS ACTION WAIVER. BY AGREEING TO THIS AGREEMENT, YOU AND BERKLEE AGREE TO SUBMIT ANY DISPUTES THROUGH BINDING ARBITRATION ON AN INDIVIDUAL BASIS, SUBJECT TO THE OPT-OUT PROVISION IN SECTION 14 (DISPUTE RESOLUTION).

BY ACCESSING OR USING THE PLATFORM, CLICKING ON THE “I ACCEPT” OR SIMILAR BUTTON, OR COMPLETING THE ACCOUNT REGISTRATION PROCESS, YOU REPRESENT THAT: (a) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (b) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE NOT BARRED FROM USING THE PLATFORM UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (c) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE PLATFORM.

2. SERVICES.

2.1. The Platform.

The Platform is an online community, directory, and career support platform operated by Berklee for the benefit of current Berklee students, alumni, and other authorized members of the Berklee community (collectively, “Users”). As of the date of these Terms, the Platform enables Users to: (i) create and maintain a profile, portions of which are pre-populated from Berklee's institutional records; (ii) search and browse a directory of other Users, subject to the visibility settings and directory preferences; (iii) view Users and community activity on a map; (iv) discover and register for events, including events hosted or ticketed through third-party services; (v) post questions and respond to other Users seeking advice, feedback, or mentorship (the "Soundboard"), which may use automated or AI-assisted tools to surface relevant Users; (vi) post, browse, and respond to gig, job, internship, and freelance opportunities, some of which are supplied by third-party providers rather than by Users or Berklee; (vii) upload creative content, including recordings, compositions, images, and other materials, subject to Section 4 (Content) and Section 5 (License Grant and Ownership); and (viii) access alumni benefits, discounts, and offers made available by Berklee or by third parties.

2.2. Scope of Services.

Berklee provides the Platform solely as a technology service to facilitate connections among Users. Berklee does not employ, endorse, guarantee, supervise, or vet Users or third parties who post opportunities or engage in collaborations through the Platform. Berklee is not a party to any collaboration agreement, employment relationship, licensing arrangement, or transaction between Users. Berklee does not act as an employer, agent, intermediary, talent agency, or manager with respect to any gig, job, freelance opportunity, or collaboration facilitated through the Platform.

2.3. Electronic Communications Consent.

By registering for the Platform, you consent to receive informational messages (including notifications, community updates, and administrative communications) via email and text by us. We do not charge for these messages, but you remain responsible for any charges and fees imposed by your wireless provider. Message frequency varies and message and data rates may apply. You may unsubscribe at any time using the unsubscribe link provided.

2.4. AI Features.

The Platform may include AI Features that process Your Content through third-party AI providers and may be subject to Third-Party Terms. In response to any prompts, comments, questions, or other submissions (“Input”) and Your Content, the AI Features may generate outputs (“Outputs”). You represent and warrant that you have all necessary rights and permissions to submit Your Content or Input into the AI Features. You acknowledge and agree that: (a) Outputs are provided “AS IS” without warranty of any kind, including warranties of accuracy, completeness, or suitability, or with respect to intellectual property protection under applicable law; (b) you are solely responsible for reviewing and implementing all Outputs and will comply with all applicable laws in using them; (c) you assume all risks associated with the use of AI Features and Outputs; and (d) we shall not be liable for any decisions or actions based on AI Features or Outputs. Your Content or Input provided to or through the AI Features may be used by us to improve our AI systems, provided such data is anonymized and aggregated.

3. YOUR ACCOUNT.

3.1. Eligibility.

The Platform is available only to: (a) current Berklee students (undergraduate, graduate, and online programs); (b) Berklee alumni who have earned a degree, diploma, or certificate from Berklee; and (c) other members of the Berklee community expressly authorized by Berklee (e.g., faculty and staff) (collectively, the “Berklee Community”). By creating an account, you represent and warrant that you are a member of the Berklee Community and that you are at least eighteen (18) years of age.

3.2. Account Creation.

following You must provide true, accurate, current, and complete information (“Registration Data”) and maintain it as such. You may not create an account using a false identity or on behalf of someone other than yourself. We may suspend or terminate your account and refuse any and all current or future use of the Platform if you provide false or inaccurate Registration Data. To access the Platform, you must authenticate through one of the following pathways, as applicable:

3.2.1. Alumni Authentication.

Alumni may register for and log into the Platform using social authentication through Google, LinkedIn, or Meta, or using a personal email address. At initial registration, Berklee will send a verification email to confirm ownership of the email address associated with the registration. Once the email address is validated, Berklee will verify it against Berklee’s institutional records. If a match is found, you will receive a fast-track access to the Platform. If no match is found, you will be prompted to provide additional information, including your name at the time of enrollment, program, campus, graduation year, and the email address used for registration, which you must submit for manual verification by Berklee. Upon successful verification, you will receive a confirmation email establishing that email address as your permanent login credential and primary communication channel for all future Platform access.

3.2.2. Students, Faculty, and Staff Authentication.

Students, faculty, and staff of Berklee must authenticate to the Platform through their Berklee email address and OnePass through Berklee’s institutional single sign on (SSO) pathway.

3.3. Your Account.

You do not own or have any property interest in your account. You are solely responsible for all activities under your account and may only have one (1) non-transferable account. You may not share your account or password with anyone and must notify us immediately of any unauthorized use. We reserve the right to remove or reclaim any account at any time and for any reason.

3.4. Your Device Functionality.

You are responsible for obtaining and maintaining the device, software, operating system, carrier, and network access necessary to use the Platform. We do not guarantee that the Platform will function with any particular device, software, operating system, carrier, or network. We will have no liability for errors or issues resulting from rooted or jailbroken devices or any device not in conformance with the manufacturer’s original specifications.

3.5. Your Consent to Our Privacy Practices.

Our Privacy Policy explains, among other topics, how we treat information that you provide through the Platform. By accessing the Platform, you consent to our privacy practices as set out in our Privacy Policy, which is available at https://alumni.berklee.edu/legal/privacy-policy.

3.6. Communications with Us.

For questions, technical support, or account issues related to the Platform, please contact us at berkleeconnect@berklee.edu. Please review Section 15.10 (Notice) for how to contact us for legal notices.

4. CONTENT.

4.1. Your Content.

You are solely responsible for any content you submit, upload, post, or otherwise make available through the Platform (“Your Content”). Your Content includes, without limitation, audio recordings, compositions, lyrics, sheet music, sample stems, MIDI files, video, images, text posts, comments, Soundboard messages, project listings, gig and job postings, profile information, and messages Shared on the Platform. When you Share Your Content, you represent that you own or have sufficient rights to do so, including to grant the license in Section 5.2 (Your Grant of License). You shall be solely liable for any damage resulting from infringement of intellectual property or proprietary rights, violation of contract, privacy, or publicity rights, or any harm resulting from Your Content. We may, in our sole discretion, remove or block any of Your Content that (a) violates applicable laws, regulations, or this Agreement; (b) threatens the safety, security, reputation, or integrity of the Platform or any third party; or (c) is necessary to respond to law enforcement or governmental requests.

4.2. Inappropriate Content.

You are solely responsible for all of Your Content that you Share. You must not Share any of Your Content on or through the Platform that: (a) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, pornographic, offensive, or profane; (b) infringes or misappropriates any third party’s intellectual property rights or other proprietary rights; (c) contains any viruses, worms, or other malicious computer programming codes that may damage the Platform; (d) violates any applicable Berklee policy, including the student handbook, standards of conduct, or the Berklee IT acceptable use policy; or (e) exploits, harms, or attempts to exploit or harm minors.

4.3. Data Management and Backup.

We are not responsible for, and will have no liability for, (a) any loss of or inaccuracy in any Content; (b) any failure to store, transmit, or receive Content; or (c) the security, privacy, storage, or transmission of communications involving the Platform. You acknowledge that processing of Content is subject to potential errors, omissions, delays, and losses, and you are responsible for taking reasonable measures to mitigate these risks, including backing up data and verifying results. You are also responsible for complying with all laws governing your use and disclosure of data.

4.4. Sensitive Communications.

Transmissions over the internet and mobile networks are not entirely secure. Text messages and emails may be intercepted by third parties. If you send or receive sensitive information by text or email, you do so at your own risk and you consent to unencrypted communications.

5. LICENSE GRANT AND OWNERSHIP.

5.1. Grant of License.

Subject to your compliance with the Agreement, we grant you a limited, royalty-free, worldwide, non-exclusive, non-transferable license to access and use the Platform in accordance with these Terms for your personal use. You will not copy, adapt, modify, create derivative works of, distribute, license, sell, transfer, publicly display or perform, transmit, stream, broadcast, or otherwise exploit the Platform except as expressly permitted. No other rights are granted by implication, and any unauthorized use automatically terminates this license.

5.2. Your Grant of License.

You hereby grant to us a worldwide, non-exclusive, royalty-free, transferable, sublicensable, irrevocable, perpetual right and license to use, reproduce, perform, display, distribute, store, adapt, translate, modify, process, and create derivative works of all of Your Content, in whole or in part, for the purposes of (a) providing and operating the Platform; and (b) improving the Platform.

5.3. Testimonials and User-Generated Content.

If you provide us with photographs, reviews, testimonials, or other user-generated content (whether on the Platform, on our social media channels, or otherwise) regarding your use of the Platform, you grant us a worldwide, non-exclusive, royalty-free, perpetual, sublicensable license to use, reproduce, publish, display, and distribute such content for our marketing and operational purposes. You represent that you have all necessary rights and consents to grant this license.

5.4. Feedback.

You hereby grant us a royalty-free, worldwide, irrevocable, perpetual license to use or incorporate into the Platform, without restriction, any and all suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you relating to any of the Platform (“Feedback”).

5.5. Usage Data.

As between us and you, all data analytics, technical logs, learnings, and data generated from your use of the Platform (“Usage Data”) is our sole and exclusive property. We will not disclose Usage Data externally unless it is (a) de-identified so that it does not identify you; and (b) aggregated with data across other Users.

5.6. Ownership.

Except for the limited license granted to us under Section 5.2 (Your Grant of License), you solely own and retain all rights, title and interest in Your Content. Notwithstanding anything to the contrary in this Agreement, you retain ownership and have full responsibility for Your Content, including its legality, reliability, and appropriateness, while using the Platform. Except for the limited license granted to you pursuant to Section 5.1 (Grant of License), as between us and you, we solely own and retain all right, title, and interest in and to the Platform and any content, features, and functionality (including, but not limited to, all information, software, text, displays, images, videos, audio, design, selection, and arrangement thereof), Usage Data, Feedback, and our marks, including all associated intellectual property rights.

5.7. Trademarks.

The Berklee name, Berklee College of Music name, Berklee Connect name, logos, trademarks, stylizations, graphics, service marks, and trade names used on or with the Platform are our trademarks and may not be used without our express written permission. Other trademarks, service marks, and trade names that may appear on or in the Platform are the property of their respective owners. You may not, under any circumstances, without Berklee’s prior written consent, use the name “Berklee College of Music,” “Berklee Connect,” or any other Berklee mark or logo in any form, including in advertising, endorsements, promotional materials, or third-party websites.

6. ACCEPTABLE USE AND MONITORING.

6.1. Compliance with Laws and Regulations.

You are responsible for complying with all applicable laws, rules, and regulations in all of your actions related to your use of the Platform, regardless of the purpose of the use.

6.2. Compliance with Berklee Policies.

In addition to these Terms, you must comply with all applicable Berklee policies, including the Berklee Student Policy Handbook, Student Code of Community Standard, or the Acceptable Use Policy. Violations of Berklee policies through use of the Platform may result in Platform suspension or termination and academic or institutional discipline in accordance with Berklee’s disciplinary procedures.

6.3. Conduct and Restrictions.

You will not, and will not permit any third party to:

1. misuse the Platform or any account, including by allowing unauthorized access, creating more than one account, or using false or misleading identity information;

2. harass, threaten, abuse, defame, discriminate against, or otherwise harm any person, including our Berklee staff or other users;

3. violate any law, third-party right, agreement, policy, or privacy right, including by collecting personal information without authorization;

4. transmit spam, malware, viruses, or other harmful code, or interfere with, test, bypass, or disrupt the security or operation of the Platform;

5. copy, modify, reverse engineer, frame, mirror, resell, sublicense, or otherwise commercially exploit the Platform or use them to build a competing service; or

6. access the Platform except through interfaces we provide.

6.4. Monitoring.

We may, but are not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Platform and/or Content at any time. You consent to such monitoring and acknowledge that you have no expectation of privacy concerning the Sharing of Your Content.

6.5. Removal or Disclosure.

To the extent permitted by law, we may, in our sole discretion: (a) remove, refuse to process, or take any other action with respect to any of Your Content, including if we believe it violates this Agreement, infringes a third party’s rights, threatens the safety of Users or the public, or could create liability for us; (b) disclose your identity or other information to any third party claiming that material posted by you violates their rights, including intellectual property or privacy rights; (c) disclose any Content in our possession or control to comply with law or legal process, enforce the Agreement, respond to claims or to your support requests, or protect the rights, property, or safety of us, our Users, or the public, including cooperation with law enforcement; and (d) terminate or suspend your access to all or part of the Platform for any reason, including any violation of the Agreement. We may take any of the foregoing actions immediately and without prior notice.

7. THIRD-PARTY SERVICES.

7.1. Third-Party Websites, Applications, and Ads.

The Platform may use, connect with, and/or contain links to third-party websites, apps, software, products, services, and advertisements (collectively, “Third-Party Services”). We have no control over Third-Party Services and do not assume responsibility or liability for their content, opinions, or materials. Access to certain Third-Party Services may be necessary to use certain features of the Services.

7.2. Disclaimer.

WE DO NOT OWN THIRD-PARTY SERVICES AND EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR THEIR CONTENT, OPINIONS, MATERIALS, OR PRIVACY PRACTICES. WE DO NOT ENDORSE THIRD-PARTY SERVICES OR WARRANT THAT THEY ARE FREE OF VIRUSES OR HARMFUL CODE. WE ENCOURAGE YOU TO REVIEW ANY THIRD-PARTY SERVICE’S TERMS AND PRIVACY POLICY AS THOSE, NOT THIS AGREEMENT, GOVERN YOUR USE OF SUCH SERVICES. BY USING OR RELYING UPON THIRD-PARTY SERVICES, YOU AGREE SUCH USE IS AT YOUR OWN RISK.

8. INDEMNIFICATION; DEFENSE.

8.1. Indemnification.

You will indemnify, defend, and hold harmless us and our affiliates, subsidiaries, members, shareholders, officers, directors, employees, licensors, contractors, agents, and representatives (each, a “Berklee Party” and collectively, the “Berklee Parties”) from and against any and all claims, actions, proceedings, losses, liabilities, damages, penalties, liens, fees (including reasonable attorneys’ fees, expert fees, and costs of investigation), and other costs and expenses (collectively, “Losses”) arising out of or relating to any third-party claim based on: (a) Your Content; (b) your use of or inability to use the Platform; (c) your violation of this Agreement; (d) your violation of any third-party rights, including intellectual property or proprietary rights; (e) your violation of any applicable law; or (f) your willful, grossly negligent, tortious, or criminal acts or omissions.

8.2. Defense.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. The applicable Berklee Party will provide you with written notice of any claim for which it seeks indemnification under this Section 8 (Indemnification; Defense).

9. WARRANTIES.

9.1. Your Representations and Warranties.

You represent and warrant to us that (a) Your Content does not infringe, violate, or misappropriate the intellectual property rights or proprietary rights of any third-party; (b) you have provided true and accurate information and will maintain the accuracy of such information; (c) you will comply with all applicable laws, rules, and regulations; and (d) you satisfy and will continue to satisfy all eligibility requirements to use the Platform, as such requirements may be revised or updated.

9.2. Disclaimer.

1. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, ERRORS, BUGS, AND DEFECTS. WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PLATFORM OR ANY PORTION THEREOF. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY WARRANTY THAT THE PLATFORM WILL BE SECURE, ERROR-FREE, UNINTERRUPTED, TIMELY, OR WILL MEET YOUR REQUIREMENTS OR CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY.

2. OUTPUTS MAY CONTAIN ERRORS, OMISSIONS, OR CONTENT THAT INFRINGES OR MISAPPROPRIATES THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. WE HAVE NO OBLIGATION TO INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS AGAINST ANY CLAIM ARISING FROM YOUR USE OF OR RELIANCE ON ANY OUTPUT. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY, APPROPRIATENESS, AND LEGALITY OF ANY OUTPUT BEFORE USING OR RELYING ON IT, AND YOU ASSUME ALL RISK ASSOCIATED WITH ANY DECISION MADE OR ACTION TAKEN BASED ON ANY OUTPUT.

3. WITHOUT LIMITING SECTION 10.3 (NO LIABILITY FOR CONDUCT OF THIRD PARTIES), WE DISCLAIM ANY AND ALL LIABILITY TO USERS ARISING OUT OF OR RELATING TO (i) THE RELATIONSHIP BETWEEN USER OR ANY THIRD-PARTY CONTACTING USER THROUGH THE PLATFORM, (ii) ANY THIRD-PARTY SERVICE, AND (iii) YOUR CONTENT.

10. LIMITATION OF LIABILITY.

10.1. Liability Cap.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BERKLEE OR ANY PROVIDER OF THIRD-PARTY OFFERINGS VIA THE PLATFORM BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, COMMON LAW, OR OTHER PROCEEDING OR ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEYS’ FEES AND COSTS, OR OTHERWISE, FOR DAMAGES, COSTS, OR EXPENSES OF ANY KIND WHICH, IN THE AGGREGATE, EXCEED THE LESSER OF FIVE HUNDRED U.S. DOLLARS (US $500). FOR THE AVOIDANCE OF DOUBT, THE LIMITATIONS SET FORTH IN THIS SECTION 10 (LIMITATION OF LIABILITY) SHALL NOT APPLY TO YOUR OBLIGATION TO PAY FEES DUE UNDER THIS AGREEMENT, IF ANY, OR YOUR OBLIGATIONS UNDER ANY OTHER AGREEMENT BETWEEN YOU AND BERKLEE.

10.2. Exclusion of Certain Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BERKLEE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COSTS, EXPERT FEES, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL.

10.3. No Liability for Conduct of Third Parties.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND OTHER THIRD PARTIES ON OR THROUGH THE PLATFORM. THE BERKLEE PARTIES ARE NOT LIABLE FOR THE CONDUCT OF OTHER USERS OR OTHER THIRD PARTIES, INCLUDING OPERATORS OF THIRD-PARTY SERVICES. WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OR THIRD PARTIES. WE MAKE NO WARRANTY THAT THE SERVICES OR PRODUCTS PROVIDED BY OTHER USERS AND THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, OR REGARDING THE QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE PLATFORM.

10.4. Release.

YOU HEREBY RELEASE AND HOLD HARMLESS BERKLEE AND THIRD PARTIES FROM AND AGAINST ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THEM FOR INFRINGEMENT, VIOLATION OF THE RIGHTS OF PRIVACY OR PUBLICITY, DEFAMATION, DISPARAGEMENT, PERSONAL INJURY, PROPERTY DAMAGE, NEGLIGENCE, AND/OR ANY OTHER LEGAL THEORY ARISING FROM OR IN CONNECTION WITH THE SERVICES OFFERED OR PROVIDED ON OR THROUGH THE PLATFORM AND/OR THE RIGHTS AND PRIVILEGES GRANTED OR CONVEYED BY YOU UNDER THESE TERMS (INCLUDING, WITHOUT LIMITATION, THOSE RIGHTS AND PRIVILEGES RELATING TO YOUR CONTENT AND/OR ANY ELEMENTS, DERIVATIVES, OR MARKETING OF THE FOREGOING). IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.

10.5. Limitation on Time to File Claims.

ANY CLAIM ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH CLAIM. ANY CLAIM NOT BROUGHT WITHIN SUCH ONE (1) YEAR PERIOD SHALL BE PERMANENTLY BARRED. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE PARTY KNEW OR SHOULD HAVE KNOWN OF THE CLAIM.

11. DISPUTES WITH OTHER USERS.

11.1. Disputes with Other Parties.

In the event of a dispute with another User or third party, you should contact them directly to attempt resolution. We are not responsible or liable for Your Content and you are solely responsible for your conduct and interactions with others.

11.2. Release.

Without limiting Section 10.4 (Release), you release us (and our officers, directors, agents, employees, and affiliates) from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes with other Users or third parties.

12. CONFIDENTIALITY.

12.1. Non-Disclosure.

We may disclose Confidential Information to you in connection with this Agreement or the Platform. You will: (a) safeguard our Confidential Information from unauthorized use, access, disclosure, or processing using at least the same degree of care you use to protect your own confidential information, and no less than a commercially reasonable degree of care; (b) use the Confidential Information only as needed to use the Platform; and (c) not disclose Confidential Information to any other person or entity. You are responsible for any breach caused by third parties who obtain Confidential Information through you and must promptly report any actual or suspected breach and take reasonable steps to remedy it.

12.2. Exclusions.

Confidential Information does not include any information that: (a) is or becomes generally available to the public other than as a result of your breach of the Agreement; (b) is obtained by you on a non-confidential basis from a third-party that was not legally or contractually restricted from disclosing such information; or (c) you establish by documentary evidence was or is independently developed by you without using any of our Confidential Information.

12.3. Injunctive Relief.

In addition to other relief, we may seek injunctive or other equitable relief for an actual or threatened breach of this Section.

13. TERM, TERMINATION AND SUSPENSION.

13.1. Term.

The Agreement is effective as of the date you first accept it in accordance with Section 1 and shall continue until you or we terminate your access to the Platform (the “Term”).

13.2. Termination for Convenience.

You may terminate this Agreement for any reason (or no reason) prior to the expiration of the Term upon notice to us.

13.3. Directory Removal, Profile Visibility, and Soundboard Participation.

You may use the settings on the Platform to remove yourself from the Platform directory or make your profile unavailable in the Platform’s directory, search, map, recommendations, and other general profile-discovery features. After you do so, your profile will not be visible to other Users through those features or through a general direct link to your profile.

Participation in Soundboard is optional and is governed by separate settings. If you choose to participate in Soundboard, you may be matched with another participating User for a private, one-to-one conversation based on the information you provide and the nature of the question or support requested. In connection with a Soundboard match, certain profile information may be shared with the specific User with whom you are matched, including through a link to your profile, so that each participant has context for the conversation. Such access is limited to the applicable Soundboard match and does not make your profile generally searchable or available to other Users.

Changes to your directory visibility or Soundboard participation settings affect your visibility and participation on the Platform only. They do not deactivate your Platform account, delete your account data, or remove you from Berklee’s alumni records. Requests to delete account data or cease processing are governed separately by Berklee’s Privacy Policy and applicable law, including applicable retention requirements, and are handled through Berklee’s centralized processes rather than through the Platform. Subject to applicable law and Berklee’s retention policies, Berklee may retain information as necessary.

13.4. Suspension by Us.

We may suspend or terminate your access to your account or the Platform, with or without notice, if (a) you provide untrue, inaccurate, incomplete, or outdated information; (b) you breach this Agreement; (c) we reasonably believe such action is necessary to protect the security or integrity of the Platform or data; or (d) your use risks harm to the Platform, other Users, or others, or risks violation of law.

13.5. Refusal of Services on Fraud.

In addition to our rights under Section 13.4 (Suspension by Us), we may refuse Services or deactivate your account at our sole discretion, including where we suspect fraud or illegal activity. We may request additional information from you in connection with the Platform, and if you do not timely provide it, we may suspend or terminate your access until you do.

13.6. Modification, Suspension or Discontinuance of Services.

We reserve the right to change, suspend, or discontinue any of the Services or Platform features or access for you, any or all Users, at any time, for any reason, including those laid out in our policies under the Agreement. We shall not be liable to you or any third party for any loss or damage that is caused by or arises from or in connection with any such changes, suspensions, or terminations.

13.7. Termination by Us.

We may terminate this Agreement at any time, without cause.

13.8. Effect of Termination.

Except where an exclusive remedy is provided, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.

13.9. Survival.

All provisions of this Agreement that by their nature should survive termination will survive termination, including, but not limited to: license rights, ownership provisions, confidentiality, warranty disclaimers, indemnity, limitations of liability, dispute resolution, waiver of jury trial, arbitration, waiver of class and non-individual relief, and governing law, jurisdiction, and venue.

14. DISPUTE RESOLUTION.

14.1. Applicability of Dispute Resolution.

Subject to the terms of this Agreement, you and we agree that any dispute, claim, or disagreement arising out of or relating in any way to your access to or use of the Platform, any communications you receive, or this Agreement and prior versions of this Agreement, including those that arose before the effective date of this Agreement, or may arise after its termination (each, a “Dispute”), will be resolved solely on an individual basis and not on a class, representative, collective, or mass action basis, and without a jury.

14.2. Binding Arbitration.

Any Dispute will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The arbitration will be administered by the American Arbitration Association (“AAA”) and resolved before a single arbitrator. If AAA is not available to arbitrate, the parties will select an alternative arbitration provider. Except as modified by this Section, AAA will administer the arbitration in accordance with the Rules of Arbitration of the AAA, applying Massachusetts Law. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at: Berklee College of Music 1140 Boylston Street, Boston, MA 02215, USA.

14.3. Arbitration Exceptions.

Notwithstanding the foregoing, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court in the United States; (b) pursue an enforcement action through the applicable federal, state, or local agency, if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file a lawsuit in a court of law to address an intellectual property infringement claim.

14.4. Opt-Out.

If you do not wish to resolve Disputes by binding arbitration, you may opt out of the provisions of this Section within thirty (30) days after the date on which you first agree to these Terms and commence using the Platform (the “Opt-Out Date”) by sending a letter to the address set forth in Section 15.10 (Notice), which specifies your full legal name, the email address associated with your account on the Platform, and a clear, simple statement that you wish to opt out of arbitration (an “Opt-Out Notice”). Once we receive your Opt-Out Notice, this Section will be void with respect to your use of the Platform and receipt of Services, and any Dispute will be resolved through individual litigation in the courts described in Section 15.6 (Governing Law and Venue). The remaining provisions of these Terms will not be affected by an Opt-Out Notice. If we receive your Opt-Out Notice after the Opt-Out Date, your Opt-Out Notice shall be void and have no legal effect.

14.5. Arbitration Location.

If you reside in the United States, arbitration will take place in the county where you reside. Otherwise, arbitration will be initiated in Boston, Massachusetts, unless the parties agree otherwise or the arbitrator determines that venue would be unreasonably burdensome and selects another venue. For any arbitration conducted in Massachusetts, the parties submit to the personal jurisdiction of any federal or state court in Boston, Massachusetts to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on an award, agree to accept service of process by U.S. mail, and waive any jurisdictional or venue defenses.

14.6. Informal Dispute Resolution.

You and we agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost, and mutually beneficial outcome. Before either party commences arbitration or litigation, the parties will personally meet and confer telephonically or via videoconference in a good faith effort to resolve the Dispute (“Conference”). If you are represented by counsel, your counsel may participate, but you must also participate personally. The Conference shall occur within sixty (60) days after receiving Notice, unless extended by mutual agreement.

The party initiating a Dispute must give written notice (“Notice”) to the other party. Notice to us should be sent by email to legalcounsel@berklee.edu or regular mail to the address in Section 15.10 (Notice). The Notice must include: (i) your name, telephone number, mailing address, and email address associated with your account (if any); (ii) the name, telephone number, mailing address, and email address of your counsel, if any; and (iii) a description of your Dispute.

The Conference shall be individualized; multiple individuals cannot participate in the same Conference unless all parties agree. Engaging in this Conference is a condition precedent to commencing arbitration or litigation. The statute of limitations and filing deadlines shall be tolled during the Conference process.

14.7. Waiver of Jury Trial.

YOU AND BERKLEE HEREBY VOLUNTARILY, KNOWINGLY, AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY LAWSUIT, ACTION, OR PROCEEDING ARISING UNDER OR RELATING TO THE AGREEMENT. ALL DISPUTES SHALL BE DECIDED BY A JUDGE SITTING WITHOUT A JURY.

14.8. Waiver of Class and Other Non-Individualized Relief.

YOU AND BERKLEE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTION BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, REPRESENTATIVE, COLLECTIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED, ARBITRATED, OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

14.9. Injunctive Relief.

Subject to this Agreement, the court or arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Notwithstanding anything to the contrary in this Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief, you and we agree that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the remaining claims and requests for relief. This section does not prevent you or us from participating in a class-wide settlement of claims.

14.10. Attorneys’ Fees and Costs.

The parties shall bear their own attorneys’ fees and costs unless the court or arbitrator finds that either the substance of the Dispute or the relief sought was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or we need to invoke the authority of a court of competent jurisdiction to enforce this Section, then the party that obtains an order compelling compliance with this Section in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling compliance with this Section.

15. GENERAL PROVISIONS.

15.1. Electronic Communications.

Communications between you and us may take place via electronic means. You (a) consent to receive communications from us electronically; and (b) agree that all terms, conditions, agreements, notices, disclosures, and other communications we electronically provide satisfy any legal requirement that such communications be in writing. The foregoing does not affect your statutory rights, including under the Electronic Signatures in Global and National Commerce Act (“E-Sign”).

15.2. Assignment.

You may not assign, subcontract, delegate, or transfer the Agreement or your rights hereunder without our prior written consent. We may freely assign this Agreement without your consent. Any attempted assignment in violation of the foregoing will be null and void.

15.3. Force Majeure.

We will not be liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, flood, fire, loss of utilities, epidemic or pandemic, acts of terrorism, acts of any governmental or regulatory authority, changes in law, labor disruptions, and supply unavailability (each, a “Force Majeure Event”).

15.4. Questions, Complaints, Claims.

If you have any questions, complaints, or claims with respect to the Services, please contact us at berkleeconnect@berklee.edu.

15.5. Agreement Updates.

We may update this Agreement from time to time. When we do, we will post the updated Agreement on the Platform and update the “Last Updated” date. For material changes, we will also email registered Users a copy at the email address on file. Unless stated otherwise, changes are effective immediately for Users without an account and thirty (30) days after posting for Users with an account, and we may require you to affirmatively accept the updated Agreement before further use. All changes apply prospectively. IF YOU DO NOT AGREE TO ANY CHANGE, YOU MUST STOP USING THE SERVICES.

15.6. Governing Law and Venue.

THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. EXCEPT FOR CLAIMS THAT MUST BE ARBITRATED PURSUANT TO SECTION 14 (DISPUTE RESOLUTION), ANY CLAIM OR DISPUTE ARISING IN CONNECTION WITH THE SERVICES SHALL BE DECIDED EXCLUSIVELY BY A COURT OF COMPETENT JURISDICTION LOCATED IN BOSTON, MASSACHUSETTS. YOU CONSENT TO THE PERSONAL JURISDICTION OF AND VENUE IN SUCH COURTS, AGREE TO ACCEPT SERVICE OF PROCESS BY MAIL, AND WAIVE ANY AND ALL JURISDICTIONAL AND VENUE DEFENSES OTHERWISE AVAILABLE. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

15.7. Relationship to Privacy Policy and Other Contracts.

The Privacy Policy and any Supplemental Terms are part of the Agreement as set forth in Section 1 (Accepting this Agreement). To the extent these Terms conflict with the Privacy Policy, the Privacy Policy shall control. To the extent these Terms conflict with any Supplemental Terms or other specific agreement between you and us, such Supplemental Terms or specific agreement shall control.

15.8. Choice of Language.

It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.

15.9. Geographic Restrictions.

We provide the Platform for use only by persons located in the United States. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

15.10. Notice.

Where we require you to provide an email address, you are responsible for providing us with a valid and current email address. In the event that the email address you provide to us is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, our dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to us at the following address: Berklee College of Music 1140 Boylston Street, Boston, MA 02215 USA. Such notice shall be deemed given when received by us by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

15.11. Waiver.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

15.12. Severability.

If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.

15.13. Section Headings.

Section headings are for convenience of reference only and shall not affect the interpretation of this Agreement.

15.14. Export Control.

You may not use, export, import, or transfer the Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law.

15.15. Third-Party Beneficiaries.

Except as expressly set forth in this Agreement, there are no third-party beneficiaries to this Agreement.

15.16. Entire Agreement.

Subject to Section 15.7 (Relationship to Privacy Policy and Other Contracts), this Agreement is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

16. DEFINITIONS.

The following capitalized terms have the meanings set forth below. Additional defined terms are set forth in context within the Agreement.

16.1. “Agreement” has the meaning given in Section 1 (Accepting this Agreement).

16.2. “AI Features” means any tools, features, or functionality in the Services that may be offered by us from time to time that utilize artificial intelligence or machine learning technologies.

16.3. “Confidential Information” means all information disclosed by us or made available to you through the use of or access to the Services, whether tangible or intangible and in whatever form or medium provided.

16.4. “Content” means content featured or displayed through the Services, including documents, information, emails, data, text, artwork, audio, images, photographs, graphics, video, messages, tags, materials, and other items.

16.5. “Platform” means the Berklee Connect platform infrastructure operated by us through which Users access the Services accessible at https://alumni.berklee.edu/.

16.6. “Privacy Policy” means our privacy policy found at https://alumni.berklee.edu/legal/privacy-policy, as may be updated by us from time to time in our sole discretion.

16.7. “Services” means any other tools or features enabled or made available by us via use of the Platform.

16.8. “Share” (and its derivatives) means uploading, sharing, posting, emailing, transmitting, querying, commenting, or otherwise making available through or to the Services.

16.9. “Third-Party Terms” means any and all agreements, terms, conditions, policies, and other requirements of a third-party provider, each as may be required from time to time by the applicable third-party.

16.10. “User Content” means Content that is Shared by Users other than you.