Our Website (available at www.classicaloasis.com) (the “Website“, or “Site“) is provided to you by Classical Oasis, Inc. (“Classical Oasis“, “we” or “us“). To assist you in using our Website, and to explain the relationship arising from your use of our Site and the information, Products and Services offered through it, we have created these Terms & Conditions (the “Terms & Conditions” or “Terms“). Our Terms apply to any visitor to the Website who wishes to learn more about Classical Oasis and its Products and Services through our Site (collectively, “you” or “your“). These Terms apply to your use of the Website, and receipt of information through the Site. Your purchase of audio recordings (“Music Recordings“) through our Site is governed by our Music Store Terms & Conditions, which can be accessed at classicaloasis.com/musicstoreterms. These Terms and our Music Store Terms & Conditions do not apply to information, products, or services that you obtain from Classical Oasis through other means.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE OUR SITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE.
Your Agreement. These Terms govern your use of the Website. Please read these Terms carefully as they impose legal obligations on you and us. By using our Website, you consent to these Terms. In addition, for certain activities on the Site, we may further confirm your consent by asking you to click an “I accept” button.
Scope of Terms. As noted above, these Terms apply to your use of the Website, and receipt of information through the Site. Your purchase of Music Recordings through the Site is governed by our Music Store Terms & Conditions, which can be accessed at classicaloasis.com/musicstoreterms. Please contact us as set out in Section 20 (Contact Us) if you have any questions.
Grant of Rights. Based on your agreement to comply with these Terms, we grant you the right to access and use all publicly available portions of our Website and Website Content in order to (i) learn more about Classical Oasis and the Products and Services that we offer and (ii) contribute information to us through our Website (collectively, the “Services”); and (iii) access other information that we make available through our Website. You acknowledge and agree that the Website and Website Content are made available solely for your personal, non-commercial use. Any other use of the Website and Website Content is strictly prohibited.
Classical Oasis Ownership; Reservation of Rights. All information, software, artwork, text, video, audio, pictures, logos, and other content on the Website, including all associated intellectual property rights (collectively, the “Website Content“), is the property of Classical Oasis and its licensors, or is used under principles of fair use. Classical Oasis retains all rights with respect to the Website and Website Content except those expressly granted to you in Section 3 (Grant of Rights). The term “Website Content” expressly excludes Submitted Content.
Grant of Rights in Submitted Content. By providing Submitted Content, you authorize us to copy, modify, display, distribute, perform, use and otherwise exploit the Submitted Content in any manner, without compensation to you and for so long as we deem warranted (collectively, the “Use Rights“). In addition, you authorize us to grant any third party some or all of the Use Rights. By way of example, and not limitation, the Use Rights include the right for us to publish Submitted Content on our Website in whole or in part, and whether modified, cropped, adapted, altered or otherwise manipulated, for as long as we choose.
Requisite Permission for Providing Submitted Content. By providing Submitted Content, you represent and warrant that you own such Submitted Content (including any copyright and other intellectual property rights therein), or that you have obtained sufficient authority and right to the Submitted Content in order to provide the Use Rights. For example, by emailing us a testimonial of your experience with Classical Oasis along with a photo of that experience, you represent and warrant to us that you have obtained the necessary permission from anyone appearing in the photograph to grant us Use Rights in the photograph.
Submitted Content Containing Personal Information. If you provide Submitted Content to the Website, by way of electronic mail or otherwise, we will treat such Submitted Content as non-confidential and non-proprietary to you. Submitted Content that you provide to us for posting on the Website or post directly on our Site may, once posted, be publicly available to anyone accessing our Website. Although we may review Submitted Content prior to using it, you agree that we have no obligation to do so and we make no representations or warranties regarding any Submitted Content or our review of such Submitted Content. In addition, any Personal Information that is included in Submitted Content will be treated as public Submitted Content and is expressly excluded from the definition of “Personal Information.” For example, you may include your name, mailing address, and email address in a comment on our Blog. This information will be publicly available, and will no longer qualify as Personal Information. As such, please use discretion when including Personal Information and other details in Submitted Content you provide to us.
Code of Conduct; Revocation or Suspension of Use Privileges. By using our Website, you agree to comply with these Terms, and to follow our Code of Conduct, which is set out below. Under this Code, you shall not:
Use the Website in a manner that could disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site.
Seek to obtain access to material or information that we have not intentionally made available to you on the Website through “hacking,” “scraping,” or other means.
Submit material that is intentionally false, defamatory, threatening or unlawfully harassing.
Transmit material through the Site that you know or should know contains viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information.
Disclaimer of Endorsements; Information Accuracy. The information made available through the Website (including, but not limited to, Submitted Content provided by other users) and Website Content is made without any endorsement of any kind by Classical Oasis. In addition, while we may review information before it is posted on our Website, we do not undertake to validate the accuracy and timeliness of this information.
Warranty Disclaimer. The warranty disclaimers for Recorded Music are covered by the Music Store Terms & Conditions. This Section 9 (Warranty Disclaimer) applies only to our Website Services.
We do not promise that the Website or Website Content will be error-free, uninterrupted, or without inaccuracies. The Website and Website Content, are all provided on an “AS IS” and “AS AVAILABLE” basis. We do not represent or warrant that the Website or Website Content, or other files or information you may download from the Site will be free of viruses, inaccuracies, or other harmful features. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Classical Oasis DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND WEBSITE CONTENT IS AT YOUR SOLE RISK.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL Classical Oasis BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF, OR ARE RELATED TO, YOUR USE OF THE WEBSITE OR WEBSITE CONTENT. IN NO EVENT SHALL Classical Oasis’ AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE WEBSITE OR WEBSITE CONTENT RECEIVED FROM Classical Oasis EXCEED U.S. $250.00.
Indemnity. You agree to defend, indemnify, and hold Classical Oasis and its affiliates, officers, directors, agents and employees harmless from any liability to third parties, including reasonable attorneys’ fees, arising from or related to your breach of these Terms or a claim that Submitted Content or other material that you provide to us violates rights held by a third party.
Contact for Alleged Copyright Infringement. We respect the intellectual property rights of others and require that our users do the same. If you believe that any content available on our Site or any other activity taking place on the Site constitutes infringement of a work protected by copyright law, please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA“) to respond to such concerns, as follows:
Gene Maltsev – firstname.lastname@example.org
Your notice must comply with the DMCA. Upon receipt of a proper notice, we will respond and proceed in accordance with the DMCA.
Additional Terms for Certain Services. As discussed above, the Music Store Terms & Conditions govern your purchases of Recorded Music. We may offer additional Products and Services on our Website that are subject to different terms and conditions. We will notify you if the service you are using on the Website is subject to terms and conditions that differ from these Terms, and you may decline to participate in such Services if you do not agree with the differing terms and conditions.
Monitoring Website Use. You agree that we have the right and discretion to monitor any activity and content associated with our Website and Website Content. We may investigate any reported violation of these Terms or complaints relating to the Website or Website Content, and may take any action that we believe is appropriate including, but not limited to, removing materials from the Website and terminating/suspending your access to the Website.
Modifications to These Terms. If we modify these Terms, then such modifications shall take effect proactively, upon your subsequent access to the Website. You may print out a copy of these Terms for your records.
Assignment. These Terms shall not be assignable by you, either in whole or in part. We reserve the right to assign the rights and obligations under these Terms for any reason and in our sole discretion.
Claims Against Other Users. You agree that in the event that you have any right, claim or action against visitors or other users of our Website arising out of that person’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
Survival. The following provisions shall survive the termination of these Terms and shall apply indefinitely:
Section 4 (Classical Oasis Ownership; Reservation of Rights)
Section 5 (Submitted Content)
Section 8 (Disclaimer of Endorsements; Information Accuracy)
Section 9 (Warranty Disclaimer)
Section 10 (Limitation of Liability)
Section 11 (Indemnity)
Section 18 (Survival)
Section 22 (General)
Contact Us. We welcome your feedback or suggestions. Please contact us at:
Please refer to Section 12 (Contact for Alleged Copyright Infringement) above if you wish to contact our DMCA agent about matters related to possible copyright infringement.
Disputes. Any dispute, controversy, or claim (collectively, a “Claim”) arising out of or relating to these Terms shall be resolved by binding arbitration and shall be governed by The Federal Arbitration Act, related federal arbitration law and Massachusetts law, without regard to principles of conflict of laws. The Commonwealth of Massachusetts shall be the exclusive jurisdiction in which to bring a Claim, and the venue shall be the judicial county in which Classical Oasis resides.
General. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
Products. The term “Products” means those products that Classical Oasis sells on the Website, including, but not limited to, Music Recordings.
Submitted Content. The term “Submitted Content” has the meaning set out in Section 5 (Submitted Content).
Website Content. The term “Website Content” has the meaning set out in Section 4 (Classical Oasis Ownership; Reservation of Rights).
Effective Date: April 8th, 2014.