1. Preamble
Welcome to
YourConcertHall.com. YourConcertHall.com. is a
social utility site where music lovers,
music
players, amateur and professional alike, gather and share their passion
for
classical music. YourConcertHall.com provides the environment for
musicians to
participate in friendly competitions, judged by the user community.
Competitions are held periodically and the winners are announced on the
last
day of the month.
You can
freely watch the
videos that are listed online, comment, rate and vote for videos, as
well as
upload your videos and sign up to participate in the weekly
competitions.
The mission of
YourConcertHall.com is to provide the means
to every aspiring musician to have a chance to showcase their musical
talent,
participate in online music competition without having to displace or
incur
major costs. The goal is to further get talents discovered by the
general
public and those in the music business that would otherwise remain
unnoticed
and unappreciated.
This
agreement describes
the terms of use (“Terms of Use”)
applicable to your use of the Website, our products, services and
communication
services (collectively “Website”) available under the domain and
sub-domains of
http://www.YourConcertHall.com.
These
Terms of Use contain legal obligations. Please read them carefully. By
using
and/or visiting this Website, you signify your acceptance of these
Terms of
Use, which include those terms and conditions expressly set out below
and those
incorporated by reference. If you do not agree with any of the Terms of
Use and
those incorporated by reference, please do not use this site.
2. Electronic Communications
(1)
When
you visit YourConcertHall.com or send e-mails to us, you are
communicating with
us electronically and you consent to receive communications from us
electronically. We will communicate with you by e-mail or by posting
notices on
this site. You agree that all agreements, notices, disclosures and
other communications
that we provide to you electronically satisfy any legal requirement
that such
communications be in writing.
(2)
By
joining YourConcertHall.com, user acknowledges and agrees that
YourConcertHall.com
will send member e-mails relating to their member account, transactions
and YourConcertHall.com
promotions. You can opt out of receiving notifications from
YourConcertHall.com
e-mail services at any time by logging in to YourConcertHall.com and
clicking
on My Account, then on the Notifications tab and unchecking all the
email
options. You can also unsubscribe to special promotional e-mails at any
time by
clicking on the unsubscribe link in any of our e-mail communications
under
opt-in preferences.
3. Changes to These Terms of Use
YourConcertHall.com
reserves the right to change the above
Terms of Use without notice. Any changes will be posted on the Website.
YourConcertHall.com
reserves the right, at any time, to modify, alter, or update these Terms of Use, and you agree to be bound by such
modifications, alterations or
updates.
4. Ability to Accept
You must be 13 years or
over or
possess legal parental or guardian consent to use this Website or to
register
as a member of this Website.
If we discover or have any
reason to
suspect that you have not reached 13 years of age or that you do not
have legal
parental or guardian consent, then we reserve the right to suspend or
terminate
your membership to this site immediately and without notice. Use of and
membership in the Website is void where prohibited. By using or
becoming a
member of the Website, you represent and warrant that (a) all
registration
information you submit is truthful and accurate; b) you are either more
than 13
years of age or possess legal parental or guardian consent, and are
competent to
enter into the terms, conditions, obligations, affirmations,
representations
and warranties set forth in these Terms of Use, and to abide by and
comply with
these Terms of Use. The Website offers user-managed content ratings,
but we do
not independently vet or verify these ratings and therefore we cannot
and do
not guarantee the accuracy of these content ratings.
Responsibility
for Minors.
In cases where you have authorized or provided the means to a
minor to use the Website, you recognize that you are fully responsible
for: (
i) the online conduct of such minor; (ii) controlling the minor's
access to and
use of the Website; and (iii) the consequences of any misuse by the
minor. YOU
ACKNOWLEDGE THAT SOME AREAS OF YourConcertHall.com MAY CONTAIN MATERIAL THAT
IS INAPPROPRIATE FOR MINORS.
5. Your YourConcertHall.com Account and Password
When you register as a
member of
YourConcertHall.com, you will be asked to select a Screen Name and we
will
provide you with a Password which you are then free to change. Your
Screen Name
and Password allow you to access your account and, as we continue to
enhance
the site, log on to areas of the site that are reserved for members
only.
You accept that it is your
sole
responsibility to maintain the confidentiality of your Password and
Screen Name
and that you are responsible for all activity that occurs under them.
YourConcertHall.com is unable to check the identity of people using the
site
and will not in any way be liable where your Password or Screen Name
are used
by someone else. You agree to notify YourConcertHall.com immediately of
any
unauthorized use of your Password or Screen Name and any other breach
of
security as soon as you become aware of it.
Any private information
and/or data
relating to your membership to YourConcertHall.com or your uploaded
content
that you are asked to supply or that you supply voluntarily as part of
the
registration process and as part of the upload/download process, will
only be
used by YourConcertHall.com, its subcontractors, employees, agents and
advisors, including legal advisors, as part of the process of
administering
your membership and when making decisions whether any material you seek
to
upload onto the site should be accepted or rejected. In addition, we
may, at
our sole discretion, disclose this information to the police,
regulatory bodies
or any legal advisers in connection with any suspected or alleged
criminal
activity or offense or suspected breach of these Terms of Use,
including but
not limited to any claim of infringement by you, or otherwise where
required by
law. Otherwise, this information will be kept private and confidential
and will
not be passed on to third parties without your express consent.
6. Copyright and other Intellectual Property
The
content on the Website, including without limitation, the text,
software,
graphics, photos, and videos, is owned by or licensed to
YourConcertHall.com,
subject to copyright and other intellectual property rights under
United States
Copyright Act and trademark laws, foreign laws, and international
conventions.
YourConcertHall.com reserves all rights not expressly granted in and to
the
website and said content. Other than as expressly permitted, you may
not engage
in the unauthorized use, copying, or distribution of any of said
content.
All
copyright, trademarks, service marks and other intellectual property
rights in
this site (including the design, arrangement, and look and feel) and
all
material or content supplied as part of the site, other than
user-generated
content, shall remain at all times the property of YourConcertHall.com,
its
affiliates, associated companies, and/or licensors.
The
names, images and logos identifying YourConcertHall.com are proprietary
marks
of YourConcertHall.com, its associated companies and/or affiliates.
Nothing
contained herein shall be construed as conferring by implication,
estoppel or
otherwise any license or right under any trademark or service mark of
YourConcertHall.com, its associated companies and affiliates, or any
third
party unless expressly stated otherwise.
You
shall be solely responsible for your own content and the consequences
of
posting or publishing said content. In connection with all content that
you
upload to the Website, you affirm, represent and/or warrant that: (i)
you own,
or have the necessary licenses, rights, consents, and permissions to
use and
authorize YourConcertHall.com to use, all patent, trademark, trade
secret,
copyright or other proprietary rights in and to said content, including
without
limitation any musical recordings contained therein; (ii) you have the
written
consent, release, and/or permission of each and every identifiable
individual
person in any uploaded video to use the name or likeness of each and
every such
identifiable individual person in the manner contemplated by the
website and
these Terms of Use; and (iii) it is accurate
(where facts are stated) or
if an opinion is stated that such opinion is genuinely held;
In
addition to posting your own content on YourConcertHall.com, you can
also enjoy
the many videos uploaded by others in the YourConcertHall.com
community. The
Website site includes a combination of content that we license from
third party
partners and content that is created and posted by our users. All of
the
content on the Website is protected by the copyright of one or more of
the
following: YourConcertHall.com, our partners or our users. Materials
uploaded
to the Website may be subject to posted limitations on usage,
reproduction
and/or dissemination. You are responsible for adhering to such
limitations if
you download the materials.
As
a creator of content uploaded to the Website or as a passive user of
the
Website, you may not modify, publish, transmit, participate in the
transfer or
sale of, reproduce, create derivative works of, distribute, publicly
perform,
publicly display, or in any way exploit any of the content on the
Website in
whole or in part outside of the specific usage rights granted to you by
each
license. If you download or print a copy of any YourConcertHall.com
content for
personal use, you must retain all copyright and other proprietary
notices
contained therein. You may not otherwise use, reproduce, display,
publicly
perform, or distribute such content in any way for any public or
commercial
purpose unless such use is expressly granted by a particular license.
You
agree that any revenue generated by YourConcertHall.com from the Ads is
retained by YourConcertHall.com and not be subject to any revenue
sharing.
7.
Grant of License
When
you upload or post content, including without limitation, the text,
software,
graphics, photos, and videos, to the Website, that content becomes
public
content and will be searchable by and available to anyone who visits
the
Website. YourConcertHall.com does not claim ownership of the materials
you
post, upload, input or submit to the Website. However, by posting,
uploading,
inputting, providing or submitting your content to Website, you are
granting
YourConcertHall.com, its affiliated companies and partners, a
worldwide,
revocable, royalty-free, non-exclusive, sub-licensable license to use,
reproduce, create derivative works of, distribute, publicly perform,
publicly
display, transfer, transmit, distribute, modify and publish that
content for
the on the Website and on other web sites, devices and/or platforms.
Content
that you upload to the Website will generally be available to the
public in RSS
feeds designed to allow for the automatic syndication of content
throughout the
Web — YourConcertHall.com is an open platform and designed for the free
exchange of content and ideas.
When
you upload or post content to the Website, you grant
YourConcertHall.com a
license to distribute that content, either electronically or via other
media,
to users seeking to download it through the Website or for purposes of
other
services provided by YourConcertHall.com and to display such content on
the
Websites affiliated sites. This license shall apply to the distribution
and the
storage of your content in any form, medium, or technology now known or
later
developed as necessary for us to provide the YourConcertHall.com
services as
they now exist or are developed in the future.
You
agree that YourConcertHall.com may make your content available to third
parties, subject to such third parties abiding by the terms of this
secondary
license. While YourConcertHall.com will advise its third-party content
partners
of the secondary license you select and request that the terms of such
license
be and is observed, you acknowledge that it is not
YourConcertHall.com's responsibility
to enforce this secondary license and YourConcertHall.com cannot
guarantee that
your secondary license will in fact be observed by any third parties.
You may
remove content you have posted on the Website at any time. When you
delete
content from the Website, such deleted content, while not available to
the
viewing public and other Website users, may remain on the Website
backup servers
until such time as you make a specific request to YourConcertHall.com
for
permanent deletion of such content from the Website server. Such
requests must
be made in writing via the web at www.yourconcerthall.com/contact.When
you do remove your content, the license described above will
automatically
expire. We cannot guarantee that content deleted from the Website or
permanently deleted from our servers will be deleted from the Web sites
or
systems of third parties. If you would like your content removed and/or
permanently deleted from any Web sites other than the Website, you will
be
required to contact such Web sites directly, and we cannot guarantee
any
outcome, action or result with respect to any such request by you.
8. General Use and Conduct
Our
goal is to promote the free-flowing exchange of expression relating to
members’
interests, activities and hobbies while maintaining high standards of
respect
and decency. The Website may contain
forums, chat
rooms, bulletin boards, calendars, and/or other message or
communication
facilities designed to a) communicate with you b) allow you to
communicate with
YourConcertHall.com and other
users of the Website c) allow
you to upload and download content d) allow you to
participate in promotions, contests, forums and competitions on the
Website.
Please act responsibly when using this Website. You may only use this
Website
and its contents in accordance to the above enumerated rights for
lawful
purposes and in accordance with applicable law. You agree and warrant
to use
the Website only to view and post messages and material that are proper
and,
when applicable, related to the particular service. By way of example,
and not
as a limitation, you agree and warrant that you will not:
1.
Upload,
post, email,
otherwise transmit, or post links to any content that is unlawful,
harmful,
threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
pornographic, libelous, invasive of privacy or publicity rights,
hateful, or
racially, sexually, ethnically or otherwise objectionable.
2.
Upload,
post, email,
otherwise transmit, or post links to any content that promotes illegal
activity, including without limitation the provision of instructions
for
illegal activity.
3.
Upload,
post, email,
otherwise transmit, or post links to any content that exploits the
images of
children under 18 years of age, or that discloses personally
identifying
information belonging to children under 18 years of age or harm minors
in any
other way.
4.
Collect
or store
personally identifying information about other users for commercial or
unlawful
purposes.
5.
Impersonate
any person
or entity, including, but not limited to, a YourConcertHall.com
official, employee, or falsely state or otherwise misrepresent
your affiliation with a person or entity or employ misleading email
addresses
or falsify information in the header, footer, return path, or any part
of any
communication, including emails, transmitted through the Website.
6.
Upload,
post, email,
otherwise transmit, or post links to any content that you do not have a
right
to transmit under any law or regulation or under contractual or
fiduciary
relationships (such as inside information, or proprietary and
confidential
information learned or disclosed as part of employment relationships or
under
nondisclosure agreements) or upload, post, email, otherwise transmit,
or post
links to any content that infringes any patent, trademark, service
mark, trade
secret, copyright or other proprietary rights of any party, or
contributing to
inducing or facilitating such infringement. This prohibition shall
include,
without limitation, the following forms of software piracy:
a.
Making
available
copyrighted software or other content that has had the copyright
protection
removed.
b.
Making
available serial
numbers for software that can be used to illegally validate or register
software.
c.
Making
available tools that can be used for no purpose other
than for "cracking" software or other copyrighted content.
d.
Making
available any
software files for which the user does not own the copyright or have
the legal
right to make available.
7.
Upload,
post, email,
otherwise transmit, or post links to any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of
solicitation, except in those areas that are designated for such
purpose.
8.
Upload,
post, email,
otherwise transmit, or post links to any material that contains
software
viruses, worms, trojan horses, time bombs, trap doors or any other
computer
code, files or programs or repetitive requests for information designed
to
interrupt, destroy or limit the functionality of any computer software
or
hardware or telecommunications equipment or to diminish the quality of,
interfere with the performance of, or impair the functionality of the
Website.
9.
Conduct
your own
contests and promotions or upload, post, email, otherwise transmit, or
post
links to any content regarding any raffle, contest or game.
10.
Interfere
with damage,
disable,
overburden, impair or disrupt the Website, services, servers or
networks
connected to the Website, disobey any requirements, procedures,
policies or
regulations of networks connected to the Website or
interfere with any other parties use and
enjoyment of the Website and its services.
11.
Intentionally
or
unintentionally violate any applicable local, state, national or
international
law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having
the force of law or use the Website to sell, purchase, or offer to sell
or
purchase any registered or unregistered securities, or upload, post,
email,
otherwise transmit, or post links to any material that is false,
misleading, or
designed to manipulate any equity, security, or other market.
12.
Fail
to complete any
transaction after submitting an order to purchase any goods or
services,
subject to any specific terms and conditions governing such
transactions, or
submit any order to purchase goods or services where you do not intend
to
complete the transaction.
13.
Purchase
any goods or
services that you are prohibited from purchasing or possessing by any
law
applicable to you in your jurisdiction. The responsibility for ensuring
compliance with all such laws shall be the user's alone. By submitting
an order
to purchase goods or services, you represent and warrant that you have
the
legal right to purchase such goods or services.
14.
Decompile,
disassemble,
modify, translate, adapt, reverse engineer, create derivative works
from, or
sublicense any software deployed in connection with the Website.
15.
Advertise,
offer for
sale, or sell any item you are prohibited from advertising or selling
by any
applicable local, state, national, or international law, including
regulations
having the force of law, or advertise, offer for sale, or sell any of
the
following items:
a.
Any
firearms,
explosives, or weapons.
b.
Any
food that is not
packaged or does not comply with all laws governing the sale of food to
consumers by commercial merchants.
c.
Any
alcoholic beverages.
d.
Any
tobacco products
for human consumption, including, without limitation, cigarettes and
cigars.
e.
Any
items that are
indecent or obscene, that are hateful or racially, sexually, ethnically
or
otherwise objectionable, that contain child pornography, that are
otherwise
pornographic in nature, or are harmful to minors.
f.
Any
controlled substances or pharmaceuticals.
g.
Any
items that are
counterfeit or stolen.
h.
Any
dangerous items.
i.
Any
goods or services that do not, in fact, exist.
j.
Any
registered or unregistered securities.
k.
Any
items that violate or infringe the rights of other parties.
l.
Any
items that you do not have the legal right to sell.
m.
Any items where doing so through the Website
would cause YourConcertHall.com
to violate any law.
YourConcertHall.com has no obligation to
monitor the content which has been
uploaded to the Website for compliance with the foregoing. However, YourConcertHall.com reserves the right to
review materials uploaded to YourConcertHall.com and to remove any
materials in its sole discretion for any
reason or no reason, at any time, with or without notice to you. YourConcertHall.com reserves the right to
terminate your access to any or all
of the services offered by YourConcertHall.com at any time without
notice for any
reason whatsoever.
YourConcertHall.com does not control or
endorse the content, messages or
information found in any user-generated content or uploaded material or
any opinion,
recommendation or advice expressed therein and, therefore, YourConcertHall.com specifically disclaims
any liability with regard to such
user-generated content or uploaded material and any actions resulting
from such
user-generated content or uploaded material. If notified by a user or a
third
party of uploaded material that allegedly does not conform to these
Terms of
Use, YourConcertHall.com may investigate the
allegation and
determine in good faith and in its sole discretion whether to remove
the
user-generated content.
9. Copyright or Intellectual Property Infringement-Digital Millennium Copyright Act
YourConcertHall.com
respects the
intellectual property of others. YourConcertHall.com does not,
however,
independently confirm that all Content made available through the
Website is
provided by a valid rights holder. In the event that
YourConcertHall.com
becomes aware that content published on or through the Website has been
provided by a person who is not a valid rights holder,
YourConcertHall.com may,
in appropriate circumstances and at its discretion, disable and/or
terminate
the publication of such Content. YourConcertHall.com reserves the
right
also to terminate a user's account, if they are determined to be a
repeat
infringer. If you believe that your work has been copied or published
in a way
that constitutes copyright infringement, or your intellectual property
rights
have been otherwise violated, please provide YourConcertHall.com’s
Copyright
Agent and/or General Counsel the following information:
1.
an
electronic or physical signature of a person authorized to
act on behalf of the owner of the copyright or other intellectual
property
interest;
2.
a
description of the copyrighted work or other intellectual
property that you claim has been infringed;
3.
a
description of where the material that you claim is infringing
is located or found on the Website or Service;
4.
your
address, telephone number and, if available, an email
address;
5.
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;
and
6.
a
statement by you that the above information provided by you in
your notice is accurate and, under penalty of perjury, that you are the
copyright or intellectual property owner or authorized to act on behalf
of the
copyright or intellectual property owner.
Claims
of copyright or
other intellectual property infringement should be sent to YourConcertHall.com’s Copyright Agent and/or General
Counsel by mail or phone as follows:
YourConcertHall.com
c/o Copyright Agent or General Counsel
1832 Rosita drive
Glendale, CA 91208-2523
Phone:
(818) 574-6290
For
a full understanding of any rights and or
remedies you may have in the case of any infringement, please consult
with an
attorney.
10.Linked Sites
Some links in the
YourConcertHall.com Website let you leave
the YourConcertHall.com Website. The linked sites are not under the
control of
YourConcertHall.com and YourConcertHall.com is not responsible for the
content
of any linked Site or any link contained in a linked site.
YourConcertHall.com
is providing these links to you only as a convenience and the inclusion
of any
link does not imply endorsement by YourConcertHall.com of the linked
site. When
you click through to these websites, YourConcertHall.com terms of use
and
privacy practices no longer apply. We recommend that you examine the
terms of
use and privacy statements for all third party Web sites to understand
their
procedures for using the sites and collecting, using, and disclosing
your
information.
11. Contests and Ratings
To be
eligible for contests, videos must be
uploaded on or after 12:01 am on the first day of the applicable
contest
period, and before midnight on the last day of such contest period, as
specified on the Website. Participants may upload multiple videos, but
may only
submit the same or very similar videos once, unless the rules of the
contest
allow for multiple postings of same or similar uploads. No purchase of
any kind
is necessary to participate. Contest winners will be selected, at YourConcertHall.com’s sole and
exclusive discretion, from among
the eligible user submissions deemed most popular by Website users. The
chances
of winning are determined by the number of valid entries, which is
unknown.
You must be
at least thirteen (13) years of age
to be eligible for any contest, or your parent or guardian must submit
on your
behalf. Employees or agents of YourConcertHall.com, its parent
company,
subsidiaries, divisions, affiliates, advertising agencies and members
of the
immediate families of each are not eligible to enter any YourConcertHall.com contest.
Only user submissions which are the
original work of the participant are eligible, and the participant must
have
exclusive rights to all intellectual property associated with the video
as well
as the consent of each natural person that is recognizable in the
video. To be
eligible for any contest, you must supply a valid email address at the
time
your video is uploaded.
Upon
request, prizewinners, if applicable, agree
to submit proof of eligibility, a manually signed version of this Term
of Use,
a Consent and Release Form for each person shown or depicted in the
winning
user submission, and appropriate tax forms. If you are chosen as the
winner of
a contest, you hereby consent to the use of your image, voice, likeness
and
persona without compensation for any and all publicity and advertising
purposes, and you hereby release YourConcertHall.com from any
and all claims
arising from such use. If you fail to provide such information,
documentation
or consent, YourConcertHall.com reserves
the right to
deny you any prize winnings and award them to another participant.
YourConcertHall.com reserves
the right to disqualify user votes and user submissions
if it determines, in its sole discretion, that a voter is
inappropriately
rating videos in order to intentionally skew results. Other special
voting
privileges may be issued based on participation with the site. YourConcertHall.com reserves
the right to disregard highest and
lowest votes in a consistent manner and/or take other steps in an
effort to
maintain the integrity of video ratings in its reasonable judgment. Any
contest
is void where prohibited by law and is subject to federal, state and
local
rules and regulations. Prize winners are responsible for all taxes
associated
with contest prizes.
Contests are
offered, if ever, at the sole
discretion of YourConcertHall.com, during the
periods
posted on the Website and under these Terms of Use and any additional
rules and
guidelines that may be published under the contest rules posted on the
Website.
Participants are required to check published rules and guidelines
weekly for
changes.
If at any
time YourConcertHall.com is unable
to operate any contest as planned, for whatever reason,
YourConcertHall.com reserves
the right, in
its sole discretion, to suspend, modify or terminate such Contest. In
the event
of any such termination prior to the end of the contest term, notice of
such
termination will be posted on the Website.
YourConcertHall.com
assumes
no responsibility for lost, late, incomplete, misdirected, illegible or
postage
due contest submissions.
12. Termination
These Terms of Use
constitute an agreement that is effective
until terminated by YourConcertHall.com at any time without notice.
YourConcertHall.com
may terminate your right to use this Website immediately, without
notice to you
if, in the sole discretion of YourConcertHall.com, you fail to comply
with any
of these Terms of Use, engage in any fraudulent activity or any account
inactivity.
In the event of termination, you are no longer authorized to access the
benefits of this Website; and the restrictions imposed on you with
respect to
material copied or downloaded, the disclaimers and limitations of
liabilities
set forth in these Terms of Use, shall survive the termination of this
agreement. You agree that YourConcertHall.com shall not be liable to
you or any
third-party for any termination or for any interruption or
discontinuation of
the operation of the Website or its services. These constitute the
entire
agreement between you and YourConcertHall.com related to this Website.
13. Privacy
To provide and process the
services you request, YourConcertHall.com
shares your PII (Personally Identifiable Information) with its
authorized service
providers that perform certain services or functions on our behalf.
We
do not sell or rent
your personal information to third
parties for their marketing purposes without your explicit consent and
we only
use your information as described in the Privacy Policy. We view
protection of
users’ privacy as a very important community principle. We understand
clearly
that you and your information are one of our most important assets. We
store
and process your information on computers that are protected by
physical as
well as technological security devices. Our current Privacy Policy is
available
at www.YourConcertHall.com. If you object to your Information being
transferred
or used in this way please do not use our services.
YourConcertHall.com may be
required by law to disclose
information you have provided in obtaining our products or services.
YourConcertHall.com
may also disclose information against someone who poses a threat to
YourConcertHall.com’s
interests (such as customer fraud) or whose activities could bring harm
to
others. In addition, it may be necessary for YourConcertHall.com to
provide
customer information to third parties, such as credit card companies,
for the
purpose of resolving disputes that arise in the normal course of
business.
14.
Disclaimer
of Warranties
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF
THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICE IS PROVIDED
ON AN
"AS IS" AND "AS AVAILABLE" BASIS, WITH
NO WARRANTIES WHATSOEVER.
YOURCONCERTHALL.COM EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR
PURPOSE AND NON-INFRINGEMENT; (b) YOURCONCERTHALL.COM WILL MAKE
REASONABLE
EFFORTS TO MAINTAIN THE WEBSITE, HOWEVER, YOURCONCERTHALL.COM IS NOT
RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CONTENT OR INFORMATION,
REVENUE, OR
OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR
NONDELIVERY OF
INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS, VIRUSES OR OTHER
ERRORS,
UNAUTHORIZED USE, OR OTHER INTERACTION WITH THE WEBSITE. YOU ARE
RESPONSIBLE
FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY
RESIDE ON THE
WEBSITE. YOURCONCERTHALL.COM DOES NOT WARRANT THAT (i) THE WEBSITE OR SERVICE WILL MEET YOUR SPECIFIC
REQUIREMENTS, (ii) THE WEBSITE OR SERVICE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR
RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR
EXPECTATIONS,
AND (V) ANY ERRORS IN ANY SOFTWARE USED IN CONNECTION WITH THE WEBSITE
WILL BE
CORRECTED; (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF
THE WEBSITE IS DONE SOLELY AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA OR
CONTENT THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND (d) NO
ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE
WEBSITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
15. Limitation of Liability
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU
EXPRESSLY UNDERSTAND AND AGREE THAT YOURCONCERTHALL.COM SHALL NOT BE
LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, LOSS
OF REPORTED EARNINGS, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
YOURCONCERTHALL.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES),
HOWEVER AND WHENEVER ARISING, AND REGARDLESS OF THE THEORY OF LIABILITY
(WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY,),
INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES RELATING TO (i) THE USE
OR THE
INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES
PURCHASED
OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM
THE WEBSITE OR LINKS PROVIDED BY OR THROUGH THE WEBSITE; (iii)
UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) DEFAMATORY,
OFFENSIVE, OR ILLEGAL CONDUCT OR STATEMENTS OF ANY THIRD PARTY ON THE
WEBSITE;
(v) ANY OTHER MATTER RELATING TO THE SERVICE. If
you are dissatisfied with the YourConcertHall.com site or any materials
on the
Website, or with any of YourConcertHall.com’s terms and conditions of
use, your
sole and exclusive remedy is to discontinue using the
YourConcertHall.com site.
Some jurisdictions do not allow the exclusion of certain warranties or
the
limitation or exclusion of liability for certain types of damages.
Accordingly,
some of the above disclaimers and limitations may not apply to you.
16. Indemnity
You
agree to indemnify and
hold YourConcertHall.com, its
owner/operators and its subsidiaries
and affiliates, and each of their
directors, officers, agents, contractors, partners and employees, harmless from any loss,
liability,
claim or demand,
damages,
costs and expenses, including reasonable
attorneys’ fees, made by any third
party due to or arising out of, a) content you post on the Website, b)
your
breach of these Terms of Use or the documents it incorporates by
reference, c) your use of the Website, d) your
conduct in connection with the Website or with other
users of the Website,
e) your violation of any law
or the rights of a third party.
17. General
A.
Dispute. The
parties acknowledge that the
Website shall be
deemed solely based in
B.
This
site, YourConcertHall.com, is owned and operated by Fortulus, a company
incorporated in the
C.
Member
Disputes. You are
solely responsible for your
interactions with other YourConcertHall.com members. YourConcertHall.com reserves the right, but has no obligation, to
monitor disputes between
you and other members.
D.
If, in any
jurisdiction, any provision of this Agreement or its application or any
party
or circumstances is restricted, prohibited or unenforceable, such
provision
shall, as to such jurisdiction, be ineffective only to the extent of
such
restriction, prohibition or unenforceability without invalidating the
remaining
provisions hereof and without affecting the validity or enforceability
of such
provision in any other jurisdiction or its application to other parties
or
circumstances.
E.
The failure of
YourConcertHall.com at any time to require the performance by you of
any
provision shall in no way affect the full right to require such
performance at
any time thereafter, nor shall a waiver by YourConcertHall.com of any
breach of
the provisions be taken or held to be a waiver of any succeeding breach
of such
provisions or as a waiver of the provision itself.
F.
Except as
otherwise provided herein, the rights and licenses granted hereunder
shall not
be assignable in whole or in part by you, however, the rights and
licenses may
be assigned by YourConcertHall.com without restrictions.
G.
This Terms of Use,
include those
terms and
conditions incorporated herein by reference, constitute the entire agreement between the parties
hereto and
supersede all prior agreements, representations, warranties,
statements,
promises, information, arrangements and understandings, whether oral or
written, express or implied, with respect to the subject matter hereof.
H.
While
every effort is made to ensure that all information provided at the
site does
not contain computer viruses, you should take reasonable and
appropriate precautions
to scan for computer viruses and should ensure that you have a complete
and
current backup of the applicable items of information contained on your
computer system. You should pay specific attention to some of the newer
viruses
that have been written to automatically execute when an infected word
processing document is loaded into certain word processing programs.