operalovers

About Us

OperaLovers.net

Terms and Conditions

(V1.0 posted: 31 Jan 2008)

1. Introduction

1.1.

Welcome to the OperaLovers website! This website is owned and operated by Operalovers Limited. For further details about our company, please see the Contact us section below.

1.2.

These terms and conditions together with our privacy policy (the "Terms") govern your use of this website and any content that we make available to you via this website, for example, our Podcasts. (We use the expression 'Podcasts' to cover any audio material made available from time to time via or in connection with this website).

1.3.

PLEASE READ THESE TERMS BEFORE USING OUR WEBSITE, as by using our website you are agreeing to be bound by these Terms. If you do not wish to be bound by what you read, you should not use or access this website.

1.4

If you have any questions relating to these Terms please contact us at info@operalovers.net.

2. Changes

2.1.

We may make changes to these Terms at any time by sending you an e-mail with the modified Terms or by posting a copy of them on this website. Any changes will take effect seven (7) days after the date of our e-mail or the date on which we post the modified terms on the website, whichever is the earlier. If you continue to use our website after that period has expired, it means that you accept any such changes.

3. Use of this Website

Registration

3.1.

You are free to browse this website, without registration. However, to obtain the full benefit of our website's facilities, for example to post comments to our discussion forums, you will need to register as a member.

Your responsibilities

3.2.

You must ensure that all the information you provide when you register with our website is true, accurate, current and complete in all respects.

3.3.

If you change your registration details, you must update them, by either clicking on 'Edit Details' in the Members area of the website, or by sending us an e-mail to update@operalovers.net.

3.4.

You confirm that you will treat your log in details as confidential. If you become aware of any misuse or unauthorised use of your log in details, then you must inform us immediately by contacting us at security@operalovers.net.

4. Accessing Podcasts - Third Party Software

4.1.

You acknowledge that you will need to download and activate third party owned software in order to access and listen to our Podcasts (e.g. Flash). This software will be clearly identified on our website.

4.2.

In order to use such third party software or technology you may have to explicitly accept the terms of a license agreement with that third party. You acknowledge that we have no responsibility or control over such third party software.

5. Use and Limitation of Use of our Podcasts

When you click on our Podcasts to listen to them, you are permitted to use the Podcasts in the ways described below:

5.1.

You may for your personal non-commercial use only:

listen to our Podcasts on your personal computer or media player;
download to, and store and listen to the Podcasts on the hard drive of your personal computer or your media player.

5.2.

You may not and may not permit others to:

sell, distribute, loan, share, give or lend any Podcast to any other person (including to your friends!);
broadcast, communicate to the public, publicly perform, transmit or use any Podcasts for any promotional purposes;
translate, modify, adapt or create any derivative works of any of the Podcasts;
remove or in any way amend or tamper with any copyright or trademark notice or other identifier contained in any Podcast;
embark on any action that may threaten rights of the copyright owners of the Podcasts;
make any use of the Podcasts in any form, by any manner or for any purpose (whether commercial or non-commercial) except as expressly set out in clause 5.1 above.

5.3.

PLEASE NOTE that if you use any of the Podcasts in a way other than is specifically permitted under these Terms, you may be infringing copyright and therefore may be exposed to civil and/or criminal legal action.

6. Defective Podcasts

6.1

If you are having problems accessing one of our Podcasts, please let us know by e-mailing podcasts@operalovers.net and we will try to rectify the problem as soon as possible.

7. Links

7.1

We may include links to third party sites on our website which we believe may be of interest to you. You acknowledge and agree that if you choose to enter a linked site, we are not responsible for the content on such sites or their availability.

7.2

If you use a linked site, any personal information you give them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their privacy policy before you provide any personal information.

7.3

You may link to this website, provided:

you link to our homepage only;
our website is not loaded into frames on your site; and
your site or service does not misrepresent its relationship with us or present false information about us.

7.4

We reserve the right to withdraw linking permission at any time without prior notice.

8. Privacy Policy

8.1

We take your privacy very seriously. Please read our Privacy Policy to see how we use your personal information.

9. Posting Content to our Site

9.1

If you join the OperaLovers community by registering as a member, you will be able to post comments and communicate with other members of our website. We positively encourage our members to share their passion, but we do ask you to comply with the following Code of Conduct:

Code of Conduct

9.2

You will not:

9.2.1

post material that infringes the intellectual property rights or other rights of others

9.2.2

post or transmit any material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person as determined by us in our sole discretion

9.2.3

modify or otherwise interfere with any other user's content

9.2.4

post advertisements for or solicitations of business

9.2.5

after receiving a warning, continue to post comments that are not related to the topic being discussed

9.2.6

post chain letters or pyramid schemes or any other form of solicitation

9.2.7

impersonate another person or otherwise misrepresent your affiliation with a person or entity or harass another person

9.2.8

post or transmit any files containing viruses or other harmful computer code or any files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment

9.2.9

harvest or otherwise collect or use information about others without their explicit consent

9.2.10

allow any other person or entity to use your identification for posting or viewing comments

9.2.11

post the same note more than once or "spam" or

9.2.12

engage in any other conduct that restricts or inhibits any other person from using or enjoying these areas of our site, or which, in our judgment, exposes us to any liability or detriment of any type.

9.3

Please note that any posting of comments or information in these forums is the opinion of the person posting only and in no way reflects our opinions or attitudes, nor should you rely on it being accurate or complete.

9.3.1

We reserve the right (but we are not obliged) to do any or all of the following:-

9.3.2

record the communications that are posted to us

9.3.3

investigate a claim that any one or more communication does not conform to the terms of this clause 9 and determine in our sole discretion what action to take in respect of such communication

9.3.4

delete without notice communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms

9.3.5

terminate a user's registration with the website

9.3.6

monitor, edit, or disclose any communication to the website and

9.3.7

edit or remove any communication(s) posted on our website, regardless of whether such communication(s) breaches these Terms.

9.4

You agree to indemnify, defend and hold us, our directors, officers, employees and licensors harmless from and against any claim, liability, cost, damage or loss we may incur (including reasonable legal fees) as a result of any material that you post to this website, any actions you take which disrupt access to and/or functioning of our website or which breach any of your obligations under these Terms.

10. Termination of your Registration

10.1

In the event that you have, or we have reason to believe that you have, or will breach these Terms, we may terminate or suspend your registration and/or access to our website and/or to any Podcasts.

10.2

We reserve the right to cancel or suspend the services we provide on this website for any reason unrelated to any breach of these Terms by you.

10.3

Your termination of your account or our termination or suspension of access to your account or Podcast, does not affect the use of and restrictions of use of any Podcast that you have downloaded (see Use and Limitation of Use of Podcasts) which shall continue in full force and effect.

11. Intellectual Property

11.1

You acknowledge that all copyright, trade marks and all other intellectual property rights in this website and in the Podcasts made available via it, shall at all times remain vested in us or our licensors. For further information on how you are permitted to use any Podcast that you access from or via our website, please see Use and Limitation of Use of Podcasts.

11.2

In respect of the website itself, the text, graphics, images and all other content contained on this website are made available for your personal non-commercial use only. You may, where necessary print individual pages of our website on paper (but not photocopy them) and store such pages in electronic form on your computer for your non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use any of the content on this website without written permission from OperaLovers.

11.3

No permission is given to use any of the trade marks appearing on this website, including without limitation the trade marks of OperaLovers or its licensors.

12. Limitations and Disclaimers

12.1

We promise that we will operate this website with reasonable skill and care and that we will use our reasonable endeavours to correct any faults of which we are aware.

We also promise that we have permission from the people that own the copyright in the Podcasts to allow you to use them, in accordance with the terms set out in Use and Limitation of use of Podcasts.

12.2

We do not make any promises about the availability of the website. In particular we disclaim any liability in connection with any technical problems you may experience with the website which may result in interruptions to the website, or any bugs or viruses in the Podcasts or any software you use to download the Podcasts, the website, or the server that makes it available. In this respect you agree that it is your responsibility to install suitable anti virus and security software on your computer hardware and other playback devices to protect against any such bugs or viruses, including but not limited to viruses, Trojan horses, time bombs, cancelbots or any other form of programming routine designed to damage, destroy or otherwise impair a computer's functionality or operation.

12.3

We do try to ensure that the information on the website is accurate and complete, but sometimes mistakes occur and we therefore do not accept any liability which may arise as a result of any such errors or incomplete information.

12.4

Occasionally we are unable to perform our obligations under these Terms due to circumstances beyond our reasonable control. In such circumstances including, but not limited to, system failure, fire, flood and other acts of God, strikes, trade disputes, lock outs, riot, accident, disruption to energy supplies, civil commotion, acts of terrorism or war, our inability or delay in performing our obligations will not be deemed to be in breach of contract.

13. No Liability

13.1

Nothing in these Terms will restrict our liability for death or personal injury resulting from our negligence.

13.2

Other than as provided in clause 13.1 above, you agree that to the maximum extent permissible under applicable law, we and our licensors will not be held liable for any direct, indirect, incidental or other type of loss or injury arising out of or in connection with the downloading or use of any content from our website.

14. Customer Complaints

If you have any complaints about our website, please contact us via e-mail at complaints@operalovers.net or by post to Complaints Officer, Operalovers Limited c/o BACI, Caldew House, 92-94 King Street, Hammersmith, London W6 0QW and we will do our best to resolve these.

15. General

Severability

If any part of these Terms is found to be unenforceable as a matter of law, all other parts of these Terms shall not be affected and shall remain in force.

Entire agreement

These Terms govern our relationship with you and represent our entire agreement with you.

Assignment

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

Waiver

If you breach these Terms and we choose to ignore your breach, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms again.

Exclusion of third party rights

These Terms do not create any right enforceable by any person who is not a party, except that the provisions of these Terms may be enforced by any of our licensors subject to and in accordance with the Contracts (Rights of Third Parties) Act 1999.

Governing law and jurisdiction

The contract between us will be concluded in English. Any disputes or claims arising out of or in connection with the contract are governed by and construed in accordance with the law of England and Wales. If a dispute arises out of or in connection with this contract, we will both attempt to settle it by mediation in accordance with the Centre for Dispute Resolution (CEDR) Model Mediation Procedure. If either or both of us refuse to initiate the mediation procedure within 14 days of the dispute arising or if we both fail to agree terms of settlement within 30 days of the initiation of the procedure, either of us will be free to initiate proceedings in the courts of England which will have exclusive jurisdiction to deal with such dispute.