1. Your Acceptance
A. By using and/or visiting this website (collectively, including all content and functionality available through the ClassicalClips.com domain name and any subdomains thereof, the "ClassicalClips.com Website", or "Website"), you signify your agreement to these terms and conditions (the "Terms of Service"). If you do not agree to any of these terms, please do not use the ClassicalClips.com Website.
B. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. ClassicalClips.com may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
2. ClassicalClips.com Website
A. These Terms of Service apply to all users of the ClassicalClips.com Website. The ClassicalClips.com Website includes all aspects of ClassicalClips.com, including its content, services, and functionality.
B. The ClassicalClips.com Website may contain links to third party websites that are not owned or controlled by ClassicalClips.com. ClassicalClips.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ClassicalClips.com will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ClassicalClips.com from any and all liability arising from your use of any third-party website.
3. General Use of the Website - Permissions and Restrictions
ClassicalClips.com hereby grants you permission to access and use the Website as set forth in these Terms of Service, provided that:
- A. You agree not to distribute in any medium any part of the Website without ClassicalClips.com's prior written authorization.
- B. You agree not to alter or modify any part of the Website.
- C. You agree not to access ClassicalClips.com Content through any technology or means other than the pages of the Website itself or other explicitly authorized means ClassicalClips.com may designate.
- D. You agree not to use the Website for any commercial use, without the prior written authorization of ClassicalClips.com. Prohibited commercial uses include any of the following actions taken without ClassicalClips.com's express approval:
- sale of access to the Website, content, or services;
- use of the Website, content, or services for the purpose of gaining revenue;
- and any use of the Website, content, or services that ClassicalClips.com finds, in its sole discretion, to use ClassicalClips.com's resources with the effect of competing with or displacing the market for ClassicalClips.com and/or ClassicalClips.com content.
- E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the ClassicalClips.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ClassicalClips.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ClassicalClips.com reserves the right to revoke these exceptions either generally or in specific cases.
- F. In your use of the Website, you will otherwise comply with the terms and conditions of these Terms of Service, and all applicable local, national, and international laws and regulations.
- G. ClassicalClips.com reserves the right to discontinue any aspect of the ClassicalClips.com Website at any time.
4. Your Use of Content on the Site
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ClassicalClips.com Website:
- A. The content on the ClassicalClips.com Website, with the exception of content provided from and licensed to other sources (for example, embedded videos, embedded video players, and biographical text and photos), including without limitation, the text, software, scripts, graphics, photos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ClassicalClips.com, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ClassicalClips.com reserves all rights not expressly granted in and to the Website and the Content.
- B. You may access the Website and the Content solely:
- for your information and personal use;
- as intended through the normal functionality of the ClassicalClips.com Service
- C. You may access ClassicalClips.com Content only as permitted under this Agreement. ClassicalClips.com reserves all rights not expressly granted in and to the ClassicalClips.com Content and the ClassicalClips.com Service.
- D. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein.
- E. You agree not to circumvent, disable or otherwise interfere with security-related features of the ClassicalClips.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ClassicalClips.com Website or the Content therein.
- F. You understand that when using the ClassicalClips.com Website, you will be exposed to content from a variety of sources, and that ClassicalClips.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ClassicalClips.com with respect thereto, and agree to indemnify and hold ClassicalClips.com, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
5. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE ClassicalClips.com WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ClassicalClips.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ClassicalClips.com MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ClassicalClips.com WEBSITE. ClassicalClips.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ClassicalClips.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ClassicalClips.com WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
6. Limitation of Liability
IN NO EVENT SHALL ClassicalClips.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ClassicalClips.com WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, WHERE CONDITIONS, WARRANTIES OR OTHER RIGHTS ARE IMPLIED IN THIS AGREEMENT OR OTHERWISE CONFERRED BY LAW, AND IT IS NOT LAWFUL OR POSSIBLE TO EXCLUDE THEM, THEN THOSE CONDITIONS, WARRANTIES OR OTHER RIGHTS WILL (BUT ONLY TO THE EXTENT REQUIRED BY LAW) APPLY TO THIS AGREEMENT. AT THE OPTION OF ClassicalClips.com, OUR LIABILITY FOR BREACH OF IMPLIED CONDITIONS OR WARRANTIES IS LIMITED, TO THE EXTENT PERMITTED BY LAW TO, IF THE BREACH RELATES TO GOODS, (I) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, (II) THE REPAIR OF THE GOODS, (III) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS, OR (IV) THE PAYMENT OF HAVING THE GOODS REPAIRED AND, IF THE BREACH RELATES TO SERVICES, (I) THE SUPPLY OF THE SERVICES AGAIN; OR (II) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT ClassicalClips.com SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by ClassicalClips.com from its facilities in Tennessee. ClassicalClips.com makes no representations that the ClassicalClips.com Website is appropriate or available for use in other locations. Those who access or use the ClassicalClips.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless ClassicalClips.com, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ClassicalClips.com Website; (ii) your violation of any term of these Terms of Service; (iii) or your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms of Service and your use of the ClassicalClips.com Website.
8. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the ClassicalClips.com Website is not intended for children under 13.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ClassicalClips.com without restriction.
You agree that: (i) the ClassicalClips.com Website shall be deemed solely based in Tennessee; and (ii) the ClassicalClips.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over ClassicalClips.com, either specific or general, in jurisdictions other than Tennessee. These Terms of Service shall be governed by the internal substantive laws of the State of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between you and ClassicalClips.com that arises in whole or in part from the ClassicalClips.com Website shall be decided exclusively by a court of competent jurisdiction located in Tennessee. These Terms of Service, together any other legal notices published by ClassicalClips.com on the Website, shall constitute the entire agreement between you and ClassicalClips.com concerning the ClassicalClips.com Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ClassicalClips.com's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ClassicalClips.com reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ClassicalClips.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND ClassicalClips.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ClassicalClips.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.