05 October 2013
Welcome to ClassicalTV
Classical TV Ltd ("ClassicalTV," "we," or "us") provides an online video service offering a selection of videos, clips, and other content (collectively, the "Content"). Our video service, the Content, our player for viewing the Content (the "Video Player") and any other features, tools, applications, materials, or other services offered from time to time by ClassicalTV in connection with its business, however accessed, are referred to collectively as the "ClassicalTV Services."
The Content is available for permissible viewing on or through the following (collectively, the "Properties"):
- the ClassicalTV.com website (the "ClassicalTV Site");
- ClassicalTV's affiliate and distributor websites;
- other websites where users or website operators are permitted to embed the Video Player; and
- ClassicalTV authorized applications, features or devices.
Certain ClassicalTV Services are provided to you free-of-charge. There are some other ClassicalTV Services that, if you are interested in accessing, will require payment by you either by a monthly subscription or a one-off payment for a specific service. If you choose to subscribe to ClassicalTV, then please familiarize yourself with Section 4, in addition to all of the other provisions in these.
3. ACCESS AND USE OF THE CLASSICALTV SERVICES
Age Limitations. The ClassicalTV Services are not intended to be used by children without involvement and approval of a parent or guardian. If you are under the age of 13, you are not permitted to register with ClassicalTV or provide your personal information to ClassicalTV. If you are at least 13 and under 18 years of age, you may register with ClassicalTV only if you have the consent of your parent or guardian.
Your License. ClassicalTV is pleased to grant you a non-exclusive limited license to use the ClassicalTV Services on the Properties, including accessing and viewing the Content on a streaming-only basis through the Video Player, for personal, non-commercial purposes as set forth in these Terms.
The Content. You may only access and view the Content personally and for a non-commercial purpose in compliance with these Terms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. You may not either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by ClassicalTV in writing. You may not incorporate the Content into, or stream or retransmit the Content via, any hardware or software application or make it available via frames or in-line links unless expressly permitted by ClassicalTV in writing. Furthermore, you may not create, recreate, distribute or advertise an index of any significant portion of the Content unless authorized by ClassicalTV. You may not build a business utilizing the Content, whether or not for profit. The Content covered by these restrictions includes without limitation any text, graphics, layout, interface, 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 it is expressly permitted by ClassicalTV in writing. This prohibition applies even if you intend to give away the derivative materials free of charge.
The Video Player. You may not modify, enhance, remove, interfere with, or otherwise alter in any way any portion of the Video Player, its underlying technology, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the Video Player. This restriction includes, without limitation, disabling, reverse engineering, modifying, interfering with or otherwise circumventing the Video Player in any manner that enables users to view the Content without: (i) displaying visibly both the Video Player and all surrounding elements (including the graphical user interface, any advertising, copyright notices, and trademarks) of the webpage where the Video Player is located; and (ii) having full access to all functionality of the Video Player, including, without limitation, all video quality and display functionality and all interactive, elective, or click-through advertising functionality.
Embedding a Video Using the Video Player. Where ClassicalTV has incorporated an embed option in connection with Content on the ClassicalTV Services, you may embed videos using the Video Player, provided you do not embed the Video Player on any website or other location that (i) contains or hosts content that is unlawful, infringing, pornographic, obscene, defamatory, libelous, 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 or objectionable to ClassicalTV (in ClassicalTV's sole discretion), or (ii) links to infringing or unauthorized content (collectively, "Unsuitable Material"). You may not embed the Video Player into any hardware or software application, even for non-commercial purposes. ClassicalTV reserves the right to prevent embedding to any website or other location that ClassicalTV finds inappropriate or objectionable (as determined by ClassicalTV in its sole discretion).
Ownership. You agree that ClassicalTV owns and retains all rights to the ClassicalTV Services. You further agree that the Content you access and view as part of the ClassicalTV Services is owned or controlled by ClassicalTV and ClassicalTV's licensors. The ClassicalTV Services and the Content are protected by copyright, trademark, and other intellectual property laws.
Your Responsibilities. In order for us to keep the ClassicalTV Services safe and available for everyone to use, we all have to follow the same rules of the road. You and other users must use the ClassicalTV Services for lawful, non-commercial, and appropriate purposes only. Your commitment to this principle is critical. You agree to observe the ClassicalTV Services, Content, Video Player and embedding restrictions detailed above, and further agree that you will not access the ClassicalTV Site or use the ClassicalTV Services in a way that:
· violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;
· uses technology or other means to access, index, frame or link to the ClassicalTV Services (including the Content) that is not authorized by ClassicalTV (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, framing, reproduction, access to, or distribution of the ClassicalTV Services);
· involves accessing the ClassicalTV Services (including the Content) through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible 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 ClassicalTV Services and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorized content);
· introduces 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;
· damages, disables, overburdens, impairs, or gains unauthorized access to the ClassicalTV Services, including ClassicalTV's servers, computer network, or user accounts;
· removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the ClassicalTV Services (including the Content);
· uses the ClassicalTV Services to advertise or promote services that are not expressly approved in advance in writing by ClassicalTV;
· encourages conduct that would constitute a criminal offense or give rise to civil liability;
· violates these Terms or any guidelines or policies posted by ClassicalTV;
· interferes with any other party's use and enjoyment of the ClassicalTV Services; or
· attempts to do any of the foregoing.
If ClassicalTV determines in its sole discretion that you are violating any of these Terms, we may (i) notify you, and (ii) use technical measures to block or restrict your access or use of the ClassicalTV Services. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the ClassicalTV Services, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.
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 ClassicalTV 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 spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks. If you Post (as defined below in Section 7) or otherwise send spam, advertising, or other unsolicited communications of any kind through the ClassicalTV Services, you acknowledge that you will have caused substantial harm to ClassicalTV and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay ClassicalTV $350 for each such unsolicited communication you send through the ClassicalTV Services.
Downloads. In order to participate in certain ClassicalTV Services or access certain Content, 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 we may change, suspend, or discontinue - temporarily or permanently - some or all of the ClassicalTV Services (including the Content and the devices through which the ClassicalTV Services are accessed), with respect to any or all users, at any time without notice. You acknowledge that ClassicalTV may do so in ClassicalTV's sole discretion. You also agree that ClassicalTV will not be liable to you for any modification, suspension, or discontinuance of the ClassicalTV Services, although if you are a ClassicalTV subscriber and ClassicalTV suspends or discontinues the ClassicalTV service relating to your subscription, ClassicalTV may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with Section 4 below. However, if ClassicalTV terminates your account or suspends or discontinues your access to ClassicalTV Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Internet Access Charges. You are responsible for any costs you incur to access the internet.
Customer Service. If we can be of help to you, please do not hesitate to contact our customer service department at firstname.lastname@example.org. It would be our pleasure to serve you.
4. ClassicalTV Subscriptions and Billing
While it is our mission to provide users with as many viewing choices as possible, sometimes that involves giving users the choice of paying a fee in order to view Content that ClassicalTV would not otherwise be able to make available without charging a fee. For that reason, we ask you to pay a subscription fee to access the ClassicalTV Content.
You can find the specific details regarding your subscription to ClassicalTV at any time by logging in to your Account on the ClassicalTV website. You agree that your ClassicalTV account is for individual use only and your ClassicalTV account is limited to only one simultaneous stream at a time. Additionally, you agree that for various reasons, such as restrictions from content licensors and other limitations or considerations from third parties, certain Content that may be accessible through one Property may not be accessible through other Properties.
By providing a credit card or other payment method accepted by ClassicalTV (“Payment Method”) for your ClassicalTV subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of ClassicalTV to the Payment Method. If you want to use a different Payment Method than the one you signed up for during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in to your Account on the ClassicalTV website. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.
We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your subscription (each such month, a “Monthly Period”). In the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each Monthly Period may vary due to promotional offers, changes in your subscription plan, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If ClassicalTV changes the subscription fee or other charges for ClassicalTV from time to time, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.
Very rarely, if there are special circumstances where ClassicalTV determines it is appropriate (e.g., the ClassicalTV service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at ClassicalTV's sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.
On-going Subscription and Cancellation.
Your ClassicalTV subscription will continue in effect on a month-to-month basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before it renews each Monthly Period in order to avoid the next billing. We will bill the monthly subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
You may terminate your subscription by logging into your Account on the ClassicalTV website and then choosing the "cancel my subscription” option.
In order to sustain the ClassicalTV service, it is important that each user of the ClassicalTV service honour the payment obligations to which the user agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with ClassicalTV. You will remain liable to ClassicalTV for all such amounts and all costs we incur in connection with the collection of these amounts, including, without limitation, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
On occasion, we may be authorized to offer the use of ClassicalTV through free trials for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the marketing material describing the particular free trial. We are unable to accommodate combining free trials with any other offers. Once your free trial period ends, we will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.
It is very important to understand that you will not receive a notice from ClassicalTV that your free trial subscription has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel ClassicalTV prior to the end of the last day of your free trial period. You can cancel your account by logging in to your Account on the ClassicalTV website and then choosing the “cancel my account” option. We will continue to bill your Payment Method on a monthly basis for your subscription plan until you cancel or the account or service is otherwise suspended or discontinued pursuant to these Terms. You may cancel your subscription at any time as described in the Ongoing Subscription and Cancellation section of these Terms. To the extent ClassicalTV subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that ClassicalTV will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.
5. ACCOUNTS AND REGISTRATION
We may from time to time offer various features that require registration or the creation of an account with ClassicalTV. If at any time you choose to register or create an account with us, the additional terms and conditions set forth below 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 ClassicalTV representative. Because you are responsible for all use of your account, including unauthorized use by any third party, please be very careful to guard the security of your password. Please notify us by emailing us at email@example.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 logging in on the ClassicalTV website then choosing the "remove your account” option.
6. COLLECTION AND USE OF PERSONAL INFORMATION
7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL
Your Posts. As part of the ClassicalTV 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 ClassicalTV Services enjoyable for all of our users, you must adhere to the rules below.
Please choose carefully the User Material that you Post. Please limit yourself to User Material directly relevant to the ClassicalTV Services. Moreover, you must not Post User Material that: (i) contains Unsuitable Material (as defined above in Section 3); or (ii) improperly claims the identity of another person. We advise that you do not, and you should also be careful if you decide to, Post additional personally identifiable information, such as your email address, telephone number, or street address.
Classical TV Limited - 89 Whiteladies Road, Clifton, Bristol BS8 2NT United Kingdom