Terms of Use
Welcome to Classical TV.com!
1. DESCRIPTION OF SERVICE AND ACCEPTANCE
Classical TV Ltd ("Classical TV," "we" or "us") a company based in the United Kingdom with operational centres in the United States provides an online video service offering a selection of television programmes, films, clips and other content (collectively, "Content") available on the classicaltv.com website (the "Classical TV Site"), Classical TV's affiliate and distribution partner websites ("Distribution Sites"), and other websites where users may embed the Content (these websites, together with the Classical TV Site and Distribution Sites, are referred to collectively as the "Sites"). Our video service, including the Content and our video player, and any other features, tools, applications, materials or other services offered from time to time by Classical TV in connection with its business on any of the Sites are referred to collectively as the "Classical TV Services."
In order for all of our users to enjoy the Classical TV Services, it is important to follow the terms and conditions described in this Terms of Use ("Terms of Use" or "Terms"). By visiting the Classical TV Site (whether or not you are a registered member) or using any of the Classical TV Services on any of the Sites, you are accepting this Terms of Use. Please take a moment to carefully read through these Terms. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms, please contact us at info@classicaltv.com.
2. CHANGES TO THE TERMS OF USE BY CLASSICAL TV
Classical TV may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the Classical TV Site. Any visit to the Classical TV Site or use of the Classical TV Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.
3. ACCESS AND USE OF THE CLASSICAL TV SERVICES
You must be at least 13 years of age to use the Classical TV Services on any Site. If you are under 18 years of age you must have permission from your parents or legal guardian to purchase premium content on any site
Your License. Classical TV is pleased to grant you a limited license to access and make personal, non-commercial use of the Classical TV Services. Classical TV owns and retains all rights to the Classical TV Services. Please remember that the Content provided to users as part of the Classical TV Services is owned by Classical TV and its licensors. The Classical TV Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws.
The Content. You may view the Content only for your own use and you must leave any copyright and other proprietary notices marked on the Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the Content is strictly prohibited unless you have obtained the prior written consent of Classical TV or unless it is expressly permitted by Classical TV on a Site. The Content covered by this restriction includes any text, graphics, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless you have obtained the prior written consent of Classical TV or unless it is expressly permitted by Classical TV on a Site. This prohibition applies even if you intend to give away the derivative materials.
The Video Player. With respect to Classical TV's video player, you must not modify, enhance, or otherwise alter in any way any portion of the video player or its underlying technology. This restriction includes disabling or otherwise modifying the video service in a manner that enables users to view the Content without using the Classical TV video player. Also, you may not embed Classical TV's video player on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libellous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate (collectively, "Unsuitable Material").
Your Responsibilities. In order for us to keep the Classical TV Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, we need for everyone to use the Classical TV Services for lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the Classical TV Services in a way that
a) violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
b) uses technology or other means to access the Classical TV Services that is not authorized by Classical TV (including disabling or circumventing any mechanisms for preventing the unauthorized reproduction or distribution of the Classical TV Services);
c) accesses the Classical TV Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Classical TV Services);
d) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
e) attempts to damage, disable, overburden, impair, or gain unauthorized access to the Classical TV servers, computer network, or user accounts;
f) attempts to collect personally identifiable information in violation of Classical TV's Privacy Policy;
g) encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
h) violates these Terms, guidelines or any policy posted on the Classical TV Site;
i) or interferes with any other party's use and enjoyment of the Classical TV Services.
No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the Classical TV Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks. If you Post (as defined below) or otherwise send spam, advertising, or other unsolicited communications of any kind through the Classical TV Services, you acknowledge that you will have caused substantial harm to Classical TV and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay Classical TV £25 for each such unsolicited communication you send through the Classical TV Services.
Downloads. In order to participate in certain Classical TV Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.
Suspension/Discontinuation. We hope not to, but in order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue - temporarily or permanently - some or all of the Classical TV Services, at any time without notice. It is important that you understand that Classical TV will not be liable to you for any modification, suspension or discontinuance of the Classical TV Services.
4. PAYMENTS
Access to the Classical TV Site and use of the Classical TV Services is free. However, we charge for certain premium Classical TV services for which you must enter into a separate agreement with us. You will then have an opportunity not to use such premium Classical TV Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account on the Classical TV Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at info@classicaltv.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.
You may terminate your account by emailing info@classicaltv.com. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.
We reserve the right to immediately terminate your account or your use of the Classical TV Services at any time without notice or liability if Classical TV determines in its sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct. We also reserve the right to terminate your account or your use of the Classical TV Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the Classical TV servers being made or the volume of User Material (as defined below) being Posted.
6. COLLECTION AND USE OF PERSONAL INFORMATION
For information about Classical TV's policies and practices regarding the collection and use of your personally identifiable information, please read Classical TV's Privacy Policy. The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the Classical TV Site and use of the Classical TV Services on any of the Sites are governed by the Classical TV Privacy Policy in effect at the time of your use.
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the Classical TV Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material"). In order to keep the Classical TV Services enjoyable for all of our users, we ask you to adhere to the following rules.
Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the Classical TV Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.
You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant Classical TV the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. Classical TV will remove all User Material if properly notified that such User Material infringes on another person's rights. You understand that Classical TV does not guarantee any confidentiality with respect to any User Material.
Classical TV does not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant Classical TV a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the Classical TV Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the Classical TV Services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material. The license you grant to Classical TV is non-exclusive (meaning you are free to license your User Material to anyone else in addition to Classical TV), fully-paid and royalty-free (meaning that Classical TV is not required to pay you for the use of your User Material), and sub-licensable (so that Classical TV is able to use its affiliates, subcontractors and other partners such as internet content delivery networks to provide the Classical TV Services). By Posting your User Material, you also hereby grant each user of the Classical TV Services a non-exclusive limited license to access your User Material through the Sites, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the Classical TV Services and under these Terms of Use.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. Classical TV does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of Classical TV. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does Classical TV assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against Classical TV with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the Classical TV Services is not available for a specific instance of inappropriate User Material, please email info@classicaltv.com.
Blog House Rules. Like many other blogs we have house rules. These are for two reasons; first so that we do not publish illegal or offensive material; and second to make sure the blog continues to be useful to our audience. We do not read all comments before publication but we will spot check comments to ensure that we maintain a high standard of civility. We will withhold your comment if it breaks the house rules. If rules are continually broken or abused we will review our policy and we are likely to remove the commenting service. That would be a pity because we value your participation.
Member Names will be failed if they... Contain website or email addresses, Contain contact information such as phone numbers, Appear to impersonate someone else, Contain swear words or other are otherwise objectionable. We reserve the right to fail messages which:
a) Are considered likely to disrupt, provoke, attack or offend others;
b) Are racist, sexist, homophobic; Sexually explicit, abusive or otherwise objectionable;
c) Break the law or condone or encourage unlawful activity;
d) Breaches copyright laws; Advertises products for profit or gain;
e) Includes contact details such as telephone numbers, postal or email addresses;
f) Are in a language other than English;
g) Contain links to sites;
h) Are considered to be spam
If the house rules are broken You will be sent an email informing you why your message has been failed. Anyone who seriously or repeatedly break the rules may be banned from the Classical TV blogs. Classical TV reserves the right to edit, move or delete any message, or terminate membership, at any time, for any reason.
8. LINKED WEBSITES AND ADVERTISING
Third Party Websites. If we provide links or pointers to other websites, no inference or assumption should be made that Classical TV operates, controls, or is otherwise connected with these websites. When you click on a link within the Classical TV Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.
Classical TV is not responsible for the content or practices of any other website, even if it links to the Classical TV Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with Classical TV. By using the Classical TV Services, you acknowledge and agree that Classical TV is not responsible or liable to you for any content or other materials hosted and served from any third party website.
Advertisements. Classical TV takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Classical TV Services are between you and the advertiser, and you agree that Classical TV is not liable for any loss or claim that you may have against an advertiser.
9. TRADEMARKS
Classical TV, the Classical TV logo, www.classicaltv.com, and other Classical TV marks, graphics, logos, scripts, and sounds are trademarks of Classical TV. None of the Classical TV trademarks may be copied, downloaded or otherwise exploited without Classical TV's prior written consent.
10. UNSOLICITED SUBMISSIONS
Classical TV does not knowingly accept unsolicited submissions including, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. Classical TV's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any Classical TV creative work, including a film, series, story, title, or concept, would be purely coincidental.
11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
WHILE WE DO OUR BEST TO ENSURE THE OPTIMAL PERFORMANCE OF THE CLASSICAL TV SERVICES, YOU AGREE THAT USE OF THE CLASSICAL TV SERVICES IS AT YOUR OWN RISK. THE CLASSICAL TV SERVICES, INCLUDING THE CLASSICAL TV SITE AND THE OTHER SITES, THE CONTENT, USER MATERIAL AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED THROUGH THE SITES, ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CLASSICAL TV DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE; OR THAT THE CLASSICAL TV SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL CLASSICAL TV OR ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE "CLASSICAL TV PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE CLASSICAL TV SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE SITES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE CLASSICAL TV PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE CLASSICAL TV PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS AND YOUR USE OF THE CLASSICAL TV SERVICES.
12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that any Content, User Material or other material provided through the Classical TV Services, including through a link, infringes your copyright, you should notify Classical TV of your infringement claim in accordance with the procedure set forth below.
We will process each notice of alleged infringement which Classical TV receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be mailed of faxed, to Classical TV at:
Classical TV Ltd
89 Whiteladies Road.
Clifton,
Bristol BS8 2NT
United Kingdom
Fax: +44 (0) 0870 495 3016
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Classical TV Services that is reasonably sufficient to enable Classical TV to identify and locate the material; (d) how Classical TV can contact you, such as your address, telephone number, and email address; (e) a written 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 (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Classical TV has a policy of terminating repeat infringers in appropriate circumstances.
13. GENERAL INFORMATION
International Use. Classical TV's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where Classical TV does not have rights is prohibited.
Export Controls. Software and the transmission of applicable technical data, if any, in connection with the Classical TV Services may be subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the United Kingdom or the country in which you reside.
Choice of Law. This Terms of Use is governed by, and construed in accordance with, the laws of England without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in England.
No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know at info@classicaltv.com. Precisely how Classical TV responds to a party that is violating these Terms will be determined after carefully analysing all of the facts and circumstances of a particular case. Please do not rely upon Classical TV's precise response in one situation as any indication of what Classical TV might do with respect to a different party or a different situation at a different time. In addition, please do not construe a waiver of any provision of these Terms of Use with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. Classical TV's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy.
Integration, Amendment, and Severability. Please note that this Terms of Use constitutes the entire legal agreement between you and Classical TV and governs your use of the Classical TV Services (but excluding any services, if any, that Classical TV may provide to you under a separate written agreement), and completely replaces any prior agreements between you and Classical TV in relation to the Classical TV Services. It may not be amended or varied by you except in a writing signed by Classical TV. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if Classical TV acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms. This Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Thank you for taking the time to read this Terms of Use. By following these Terms, the experience will be better for all users. Enjoy the Classical TV Services!