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AGREEMENT BETWEEN USER AND THE CANTABILE
ENSEMBLE
The Cantabile Ensemble Web Site is
comprised of various Web pages operated by The
Cantabile Ensemble.
The Cantabile
Ensemble Web Site is offered to you conditioned
on your acceptance without modification of the
terms, conditions, and notices contained herein.
Your use of The Cantabile Ensemble Web Site
constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF
THESE TERMS OF USE
The
Cantabile Ensemble reserves the right to change
the terms, conditions, and notices under which
The Cantabile Ensemble Web Site is offered,
including but not limited to the charges
associated with the use of the Cantabile
Ensemble Web Site.
LINKS TO THIRD PARTY SITES
The Cantabile Ensemble Web Site may
contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the
control of The Cantabile Ensemble and The
Cantabile Ensemble is not responsible for the
contents of any Linked Site, including without
limitation any link contained in a Linked Site,
or any changes or updates to a Linked Site. The
Cantabile Ensemble is not responsible for
webcasting or any other form of transmission
received from any Linked Site. The Cantabile
Ensemble is providing these links to you only as
a convenience, and the inclusion of any link
does not imply endorsement by The Cantabile
Ensemble of the site or any association with its
operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of
your use of The Cantabile Ensemble Web Site, you
warrant to The Cantabile Ensemble that you will
not use The Cantabile Ensemble Web Site for any
purpose that is unlawful or prohibited by these
terms, conditions, and notices. You may not use
The Cantabile Ensemble Web Site in any manner
which could damage, disable, overburden, or
impair The Cantabile Ensemble Web Site or
interfere with any other party's use and
enjoyment of the Cantabile Ensemble Web Site.
You may not obtain or attempt to obtain any
materials or information through any means not
intentionally made available or provided for
through The Cantabile Ensemble Web Site.
USE OF
COMMUNICATION SERVICES
The Cantabile Ensemble Web Site may contain
bulletin board services, chat areas, news
groups, forums, communities, personal web pages,
calendars, and/or other message or communication
facilities designed to enable you to communicate
with the public at large or with a group
(collectively, "Communication Services"), you
agree to use the Communication Services only to
post, send and receive messages and material
that are proper and related to the particular
Communication Service. By way of example, and
not as a limitation, you agree that when using a
Communication Service, you will not:
- Defame, abuse, harass, stalk,
threaten or otherwise violate the legal
rights (such as rights of privacy and
publicity) of others.
- Publish, post, upload, distribute
or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or
unlawful topic, name, material or
information.
- Upload files that contain software
or other material protected by intellectual
property laws (or by rights of privacy of
publicity) unless you own or control the
rights thereto or have received all
necessary consents.
- Upload files that contain viruses,
corrupted files, or any other similar
software or programs that may damage the
operation of another's computer.
- Advertise or offer to sell or buy
any goods or services for any business
purpose, unless such Communication Service
specifically allows such messages.
- Conduct or forward surveys,
contests, pyramid schemes or chain letters.
- Download any file posted by
another user of a Communication Service that
you know, or reasonably should know, cannot
be legally distributed in such manner.
- Falsify or delete any author
attributions, legal or other proper notices
or proprietary designations or labels of the
origin or source of software or other
material contained in a file that is
uploaded.
- Restrict or inhibit any other user
from using and enjoying the Communication
Services.
- Violate any code of conduct or
other guidelines which may be applicable for
any particular Communication Service.
- Harvest or otherwise collect
information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or
regulations.
The Cantabile Ensemble has no
obligation to monitor the Communication
Services. However, The Cantabile Ensemble
reserves the right to review materials posted to
a Communication Service and to remove any
materials in its sole discretion. The Cantabile
Ensemble reserves the right to terminate your
access to any or all of the Communication
Services at any time without notice for any
reason whatsoever.
The Cantabile Ensemble
reserves the right at all times to disclose any
information as necessary to satisfy any
applicable law, regulation, legal process or
governmental request, or to edit, refuse to post
or to remove any information or materials, in
whole or in part, in The Cantabile Ensemble's
sole discretion.
Always use caution when
giving out any personally identifying
information about yourself or your children in
any Communication Service. The Cantabile
Ensemble does not control or endorse the
content, messages or information found in any
Communication Service and, therefore, The
Cantabile Ensemble specifically disclaims any
liability with regard to the Communication
Services and any actions resulting from your
participation in any Communication Service.
Managers and hosts are not authorised
spokespersons of The Cantabile Ensemble, and
their views do not necessarily reflect those of
The Cantabile Ensemble.
Materials
uploaded to a Communication Service 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.
MATERIALS PROVIDED TO THE CANTABILE ENSEMBLE OR
POSTED AT ANY WEB SITE OF THE CANTABILE ENSEMBLE
The Cantabile Ensemble does not claim
ownership of the materials you provide to The
Cantabile Ensemble (including feedback and
suggestions) or post, upload, input or submit to
any Web Site of The Cantabile Ensemble or its
associated services (collectively
"Submissions"). However, by posting, uploading,
inputting, providing or submitting your
Submission you are granting The Cantabile
Ensemble, its affiliates and necessary sub
licensees permission to use your Submission in
connection with the operation of their Internet
businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to
publish your name in connection with your
Submission.
No compensation will be paid
with respect to the use of your Submission, as
provided herein. The Cantabile Ensemble is under
no obligation to post or use any Submission you
may provide and may remove any Submission at any
time in The Cantabile Ensemble's sole
discretion.
By posting, uploading,
inputting, providing or submitting your
Submission you warrant and represent that you
own or otherwise control all of the rights to
your Submission as described in this section
including, without limitation, all the rights
necessary for you to provide, post, upload,
input or submit the Submissions.
LIABILITY
DISCLAIMER
THE
INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE THE
CANTABILE ENSEMBLE WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. THE CANTABILE ENSEMBLE AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES
IN THE CANTABILE ENSEMBLE WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE CANTABILE ENSEMBLE WEB
SITE SHOULD NOT BE RELIED UPON FOR PERSONAL,
MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
THE CANTABILE ENSEMBLE AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE CANTABILE ENSEMBLEWEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. THE CANTABILE
ENSEMBLE AND/OR ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
THE CANTABILE ENSEMBLE AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR
PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE CANTABILE
ENSEMBLE WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE CANTABILE ENSEMBLE WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE CANTABILE ENSEMBLE
WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE CANTABILE ENSEMBLE WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF THE CANTABILE ENSEMBLE OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE CANTABILE ENSEMBLE WEB SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
CANTABILE ENSEMBLE WEB SITE.
SERVICE
CONTACT:
cantabile@jerseymail.co.uk
TERMINATION/ACCESS
RESTRICTION
The Cantabile
Ensemble reserves the right, in its sole
discretion, to terminate your access to The
Cantabile Ensemble Web Site and the related
services or any portion thereof at any time,
without notice. General to the maximum extent
permitted by law, this agreement is governed by
the laws of the Jersey. and you hereby consent
to the exclusive jurisdiction and venue of
courts in Jersey. in all disputes arising out of
or relating to the use of The Cantabile Ensemble
Web Site. Use of The Cantabile Ensemble Web Site
is unauthorised in any jurisdiction that does
not give effect to all provisions of these terms
and conditions, including without limitation
this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship
exists between you and The Cantabile Ensemble as
a result of this agreement or use of The
Cantabile Ensemble Web Site. The Cantabile
Ensemble's performance of this agreement is
subject to existing laws and legal process, and
nothing contained in this agreement is in
derogation of The Cantabile Ensemble's right to
comply with governmental, court and law
enforcement requests or requirements relating to
your use of The Cantabile Ensemble Web Site or
information provided to or gathered by The
Cantabile Ensemble with respect to such use. If
any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty
disclaimers and liability limitations set forth
above, then the invalid or unenforceable
provision will be deemed superseded by a valid,
enforceable provision that most closely matches
the intent of the original provision and the
remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement
between the user and The Cantabile Ensemble with
respect to The Cantabile Ensemble Web Site and
it supersedes all prior or contemporaneous
communications and proposals, whether
electronic, oral or written, between the user
and The Cantabile Ensemble with respect to The
Cantabile Ensemble Web Site. A printed version
of this agreement and of any notice given in
electronic form shall be admissible in judicial
or administrative proceedings based upon or
relating to this agreement to the same extent
and subject to the same conditions as other
business documents and records originally
generated and maintained in printed form. It is
the express wish to the parties that this
agreement and all related documents be drawn up
in English.
COPYRIGHT
AND TRADEMARK NOTICES:
All contents of The Cantabile Ensemble Web Site
are: Copyright 2009 The Cantabile Ensemble
and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products
mentioned herein may be the trademarks of their
respective owners.
Any rights not
expressly granted herein are reserved.
cantabile@jerseymail.co.uk
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