Date of Last Revision: June 1, 2018
- Term. This Agreement will remain in full force and effect while you use the Site and/or are a registered User. The Company may terminate your registration, delete your account and any content or information that you have provided on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) if you violate this Agreement or are engaged in illegal or fraudulent use of our service, at any time in its sole discretion, with or without notice, including if it believes that you are under 18. You may terminate your registration at any time for any reason; however, the Company may retain Your Registration Data and User Content (as defined herein). Even after your membership is terminated, certain sections of this Agreement will remain in effect; see Section 13 below for a list of the provisions of this Agreement that will survive the termination of your membership.
- Registration Data; Account Security. You agree to (a) provide accurate, current, and complete information about yourself during registration, (Registration Data); (b) maintain the security of your password and account information; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You acknowledge that Streaming Musicals will use the email address you provide with your Registration Data as the primary method for communication.
- Restrictions on Your Use of the Site.
- The User has a nonexclusive, nontransferable, limited, and revocable right to use the Site and view/access content through the Streaming Musicals service, solely for User’s personal, non-commercial use and within your household. The User will not use the Site for any other purpose, including any commercial or public purpose.
- You agree not to use the Site or to authorize any other person to use the Site to:
- cause the Site, or any portion thereof, to be framed in such a way that the Site, or any portion thereof, appears on the same screen with a portion of another website;
- harvest or collect email addresses or other contact information of other users from the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Site;
- register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Site; OR
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or its users to any harm or liability of any type.
- Proprietary Rights in Site Content; Limited License.
- Proprietary Rights. The User acknowledges and agrees that all content on the Site, including designs, text, graphics, pictures, photographs, video, information, applications, software, music, sound and other files, and their selection and arrangement (the Site Content), are the property of Streaming Musicals, its content providers, and/or their respective owners, and that the Company, its content providers, and/or the respective owners, retain all right, title, and interest in the Site Content. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Streaming Musicals’s prior written permission.
- User Content and Submissions.
- Social Media Interaction. When you interact with Streaming Musicals accounts on social media websites (including, but not limited to, Twitter, Facebook, and/or Instagram), such interactions are subject to both the terms and conditions of the respective social media websites, as well as these terms and conditions. From time to time Streaming Musicals may integrate User Content generated from your interactions with Streaming Musicals on the Site.
- You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site (Submissions), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights (including all intellectual property rights) to, and shall be entitled to the unrestricted use and dissemination of, these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
- Your social media interactions with us and Submissions are collectively referred to as User Content.
- Any contest or giveaways conducted by Streaming Musicals are void where prohibited by law. No purchase is necessary to enter a giveaway or contest.
- Streaming Musicals Fees, and Billing Methods
- Except as otherwise noted, creating a user account with Streaming Musicals is free.Once you have become a registered User you can elect buy or rent any other product or content provided by us through the Streaming Musicals services (Platform Content). The fees to buy or rent Platform Content are specified on the Platform and will be indicated to you before you confirm payment. Fees are subject to change from time to time without notice. Once you have submitted your order for the purchase or rental of any Platform Content you will not be able to cancel your order.
- Payment processing for buying or renting Platform Content is handled by a third-party payment gateway provider. When buying or renting Platform Content you will need to enter your credit card details into the payment system before you are able to view the Platform Content. All payments via this system are processed using SSL (Secure Socket Layer) protocol, where sensitive information is encrypted to protect your privacy.
- If you suspect there has been a fraudulent credit card transaction recorded in respect of the Platform you must contact The Company directly to resolve your complaint. The Company will co-operate with the third-party payment gateway to provide reasonable assistance in resolving any complaint.
- You are responsible for all applicable taxes, costs, hardware, software, services and all other costs and expenses related to your ability to access or use the Site and Services or your activity conducted through the Site. Streaming Musicals may, in its sole discretion, add, delete or change any of the Services provided, fees charged by Streaming Musicals or payment terms. Streaming Musicals’s standard fees and any changes will be posted or otherwise provided to User, and the applicable Services and fees will be binding on the effective date noted. No advance notice is required for any prospectively effective change in Services offered or fees charged therefore.
- No Guarantee of Continuing Availability. Platform Content that you have purchased or rented will generally remain available for you for streaming or download (as applicable) from the Streaming Musicals service. However, any Platform Content may become unavailable at any time and for any reason, including due to potential content provider licensing restrictions. Streaming Musicals will have no liability to you if any Platform Content you have purchased becomes unavailable for further download or streaming. If you intend to download any Platform Content you purchase through the Streaming Musicals service, we encourage you to do so promptly after purchase. Once we may Platform Content you have purchased or rented available to you, you are responsible for completing the download of that Platform Content (if you so choose) and for all risk of loss of the Platform Content thereafter.
- No Liability for Content or Third Party Services
- Streaming Musicals does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. User acknowledges that Streaming Musicals simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content. User understands that all Content posted on, transmitted through or linked through the Service are the sole responsibility of the person or company from whom such Content originated. User understands that Streaming Musicals does not control, and is not responsible for Content or Third Party Content made available through the Service, and that by using the Service, User may be exposed to Content that is inaccurate, misleading, or offensive. User agrees that User must evaluate and make User’s own judgment, and bear all risks associated with, the use of any Content and Third Party Content.
- Intellectual Property.
- No Intellectual Property Infringement Permitted. You may not Post, distribute or reproduce in any way any copyrighted material, trademarks or service marks or other proprietary information owned by another party without obtaining the prior written consent of the copyright owner.
- Third Party Websites and Content.
- The Site contains (or you may be sent through the Site to) links to other web sites (Third Party Sites) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the Third Party Applications, Software or Content). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
- From time to time, Streaming Musicals may integrate User Content generated from Third Party Sites on the Site. Your submission of User Content to these Third Party Sites is additionally subject to the applicable terms and polices of any site to which you submit User Content and from which Streaming Musicals integrates such content. Integration of such User Content on this Site does not imply approval or endorsement by us.
- Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
- Disclaimers and Limitations on Liability.
- THE SITE IS MADE AVAILABLE TO YOU ON AN AS IS BASIS WITH ALL FAULTS AND AS AVAILABLE BASIS, WITH THE EXPRESS UNDERSTANDING THAT STREAMING MUSICALS MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. STREAMING MUSICALS MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, STREAMING MUSICALS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE BUSINESS LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.
- STREAMING MUSICALS MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY, SUCH AS THE BUSINESSES OR ADVERTISERS LISTED ON THE SITE OR THE SITE’S USERS. ACCORDINGLY, STREAMING MUSICALS IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM ITS ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES OR ADVERTISERS LISTED OR FEATURED ON THE SITE. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK.
- STREAMING MUSICALS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF STREAMING MUSICALS SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.
- IN NO EVENT WILL STREAMING MUSICALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE LESSER OF THE AMOUNT WE CHARGED YOU FOR THE TRANSACTION OR TEN UNITED STATES DOLLARS ($10.00).
- STREAMING MUSICALS DISCLAIMS ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
- Indemnity. You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site, your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of this Agreement or of any law or the rights of any third party.
- No Agency. There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other Member or user of the Website.
- Although this Agreement may be terminated by you or us at any time and for any reason, the terms of the following sections of this Agreement will survive any such termination and you and we will continue to be bound by such terms indefinitely: (Term), (Proprietary Rights in Site Content), (Member Disputes), (Disclaimers and Limitation on Liability), (Indemnity), and this (Miscellaneous).
STREAMING MUSICALS™, STREAMINGMUSICALS.COM™, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered and common law trademarks, service marks or trade dress of the Company in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company. You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Streaming Musicals’ trademarks and/or variations and misspellings thereof.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF STREAMING MUSICALS TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.