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What can I do at YourConcertHall.com ?

Enjoy other people’s music performance videos
Share your experience and opinions with others
Upload your own music performances
Let others view and vote for your performances
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Notifications
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Email me once the competition winners have been announced.
Terms and Conditions of Use
Terms & Conditions:
YourConcertHall.com

TERMS OF USE

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/feedback.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.

You further agree that you will not access, or cause others to access, YourConcertHall.com through an interface or in a manner that would interfere with the monetization of YourConcertHall.com hosted content or the honoring of copyright licenses attached to YourConcertHall.com hosted content. You also agree that you will not access YourConcertHall.com from any territory where its contents are illegal.

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 Montreal, Quebec, Canada; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over the Website, either specific or general, in jurisdictions other than Montreal, Quebec. These Terms of Use shall be governed by the internal substantive laws of the Province of Quebec, without respect to its conflict of laws principles. Any claim or dispute between you and the Website or its owner/operator that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Montreal, Province of Quebec, Canada.

B.       This site, YourConcertHall.com, is owned and operated by Fortulus, a company incorporated in the Province of Quebec.

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.
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