Classical Connect, LLC (Referred to as “CC” or “We”) operates ClassicalConnect.com, a social networking service for classical music fans that allows Members to upload performances of music and other content and create unique personal profiles online in order to find and communicate with other Members with classical music interests. Below are the Terms of Use to which the user (Referred to as “You” or “Your”) must agree to browse, join or otherwise in any way use the CC web site and social networking services.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the CC Social Networking site and any ancillary services (Together referred to as “CC Services”). By using the CC Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the CC Website, or otherwise use the CC Services without being registered) or you are a "Member" (which means that you have registered with CC). The term "User" refers to You as Visitor or a Member. You are only authorized to use the CC Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the CC Website and discontinue use of the CC Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the CC Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes CC's policy for acceptable use of the CC Services and your rights, obligations and restrictions regarding your use of the CC Services. In order to participate in certain CC Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from CC. Unless otherwise provided by the additional terms and conditions applicable to the CC Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.
CC may modify this Agreement from time to time and such modification shall be effective upon posting by CC on the CC Website. Your continued use of the CC Services after CC posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the CC Services and that you provide to other Users. Information, materials, products or services provided by other CC Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and CC assumes no responsibility or liability for this material. If you become aware of misuse of the CC Services by any person, please notify CC at the following e-mail address: legal@classicalconnect.com
CC reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the CC Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. CC expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the CC Services if CC determines, in its sole discretion, that you have violated this Agreement or pose a threat to CC and/or its Users.
1. ELIGIBILITY. By using the CC Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the CC Services does not violate any applicable law or regulation. Use of the CC Services and registration to be a Member for the CC Services (“Membership”) is void where prohibited.
2. TERM. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the CC Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. CC may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-14.
3. FEES. You acknowledge that CC reserves the right to charge for any portion of the CC Services and to change its fees (if any) from time to time in its discretion. If CC terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. PASSWORD. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify CC immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. USE BY MEMBERS. The CC Services are for the personal use of Members and may be used for direct commercial endeavors only if such uses are specifically endorsed or authorized by CC. Members may create a Member profile homepage on which they may post and share Content for other Users to preview, review, and critique. Illegal and/or unauthorized use of the CC Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the CC Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. CC reserves the right to take appropriate legal action for any illegal or unauthorized use of the CC Services.
6. PROTECTING COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY.
CC respects the intellectual property of others, and requires that our users do the same. CC has the right to terminate the Membership of infringing Members. If you believe your work has been copied and posted on or through the CC Services in a way that constitutes copyright infringement, please send CC's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the CC Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. CC's Copyright Agent for notification of claimed infringement can be reached by email at the following address: legal@classicalconnect.com. CC's Copyright Agent for notification of claimed infringement can also be reached electronically by clicking here.
7. MEMBER DISPUTES. You are solely responsible for your interactions with other CC Members. CC reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
8. PRIVACY. Use of the CC Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
9. DISCLAIMERS. CC is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the CC Services, whether caused by Users of the CC Services or by any of the equipment or programming associated with or utilized in the CC Services and such User Content does not necessarily reflect the opinions or policies of CC. Profiles created and by Members on the CC Website may contain links to other websites. CC is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by CC. Inclusion of any linked website on the CC Services does not imply approval or endorsement of the linked website by CC. When you access these third party sites, you do so at your own risk. CC takes no responsibility for third party advertisements or third party applications that are posted on or through the CC Services, nor does it take any responsibility for the goods or services provided by its advertisers. CC is not responsible for the conduct, whether online or offline, of any User of the CC Services. CC assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. CC is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the CC Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the CC Services. Under no circumstances shall CC be responsible for any loss or damage, including personal injury or death, resulting from use of the CC Services, from any User Content posted on or through the CC Services, or from the conduct of any Users of the CC Services, whether online or offline. The CC Services are provided "AS-IS" and as available and CC expressly disclaims any warranty of fitness for a particular purpose or non-infringement. CC cannot guarantee and does not promise any specific results from use of the CC Services.
10. Limitation on Liability. IN NO EVENT SHALL CC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE CC SERVICES, EVEN IF CC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CC FOR THE CC SERVICES DURING THE TERM OF MEMBERSHIP.
11. U.S. EXPORT CONTROLS. Software available in connection with the CC Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the CC Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
12. DISPUTES. The Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to its conflict of law provisions. You and CC agree to submit to the exclusive jurisdiction of the courts located within the State of Illinois to resolve any dispute arising out of the Agreement or the CC Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
13. INDEMNITY. You agree to indemnify and hold CC, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the CC Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the CC Services causes CC to be liable to another.
14. OTHER. This Agreement is accepted upon your use of the CC Website or any of the CC Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and CC regarding the use of the CC Services. The failure of CC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. CC is a trademark of CC, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please Contact CC with any questions regarding this Agreement.