THESE TERMS AND CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE OPERAFY SITE OR OPERAFY SERVICE.
1. Introduction Welcome to the Operafy website. Operafy provides an online singing service that permits you to listen to and watch, sing-along with, record, playback, post and download personalized renditions of your favorite classical arias and art songs under certain terms and conditions as set forth in this Agreement.
These Terms and Conditions apply to all Operafy sites and services which reference these Terms and Conditions. By using a Operafy Site, or any product or service (collectively the "Services" or the "Operafy Services") available on a Operafy site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular Operafy Site or Service, all as may be modified by Operafy from time to time in its sole discretion (collectively the "Terms and Conditions").
If you do not agree with these Terms and Conditions, you may not use a Operafy Site or any of the Services on a Operafy Site. Please note that we reserve the right, at our discretion, to change, modify, add to or remove portions of these Terms and Conditions at any time. Please check periodically for changes, which will indicate the latest revision date. Your continued use of a Operafy Site following the posting of any changes to these Terms and Conditions will mean you understand and accept those changes.
You are authorized to use the Operafy Services for personal, noncommercial use only. Sole exception is the use of recorded sound tracks that include user singing recorded directly on Operafy and superimposed on Operafy piano tracks via the Operafy recording module (“The Studio”). Operafy videos, or piano tracks lacking vocal tracks, may not be used outside of the site without the express, written consent of Operafy. Unauthorized or unlawful use of Operafy will be investigated.
Individual artistic showcasing and advertisement on user profiles is permitted. However, commercial advertisements, affiliate links, and other forms of corporate solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by Operafy for any unauthorized or unauthorized unlawful use of the Operafy Site or Operafy Services.
2. Site Registration and Security Most of the services and related features that may be made available on a Operafy Site may require registration or subscription. Should you choose to register or subscribe for any such services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a Operafy Site and (b) all activities that occur under such password or account. Further, you agree to notify us of any unauthorized use of your password or account. Operafy shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
3. Site Content
a. Restrictions on Use of Materials
All material, information and content available on a Operafy Site, including without limitation graphics, text, audio clips, video clips, pictures, editorial content the manner in which such content is presented, and the Operafy Services are: Ⓒ 2017 Operafy, its affiliates and/or licensors and all rights are reserved. The content and the Operafy Services are protected by US and international copyright laws and treaty provisions. You agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast, make available, or make any unauthorized or infringing use of any of the content obtained through a Operafy Site or any of our Services, including without limitation, by framing or similar means, without the prior written consent of Operafy.
The sole exception is use of recorded sound tracks that 1) include User vocals and 2) are recorded directly on Operafy and 3) are superimposed on Operafy piano tracks via the Operafy recording module (“The Studio”). Operafy videos, or piano tracks lacking vocals, may not be used outside of the site without the express, written consent of Operafy. Unauthorized or unlawful use of Operafy will be investigated.
Operafy and all associated designs and logos are trade-marks of Operafy. All other product, brand and company names and logos used or mentioned on a Operafy Site or any Operafy Service may be the trade-marks or registered trade-marks of their respective owners. Any use of any trade-marks appearing on a Operafy Site or any Operafy Service without the express written consent of the owner of the trade-mark is strictly prohibited.
Please note that certain links on a Operafy Site may take you to other websites. Operafy provides these links only as a convenience and not as an endorsement by Operafy. These linked sites are not necessarily under the control of Operafy If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. Operafy is not responsible for the content of any such linked sites or any other web page which is not part of a Operafy Site and under Operafy control. Unless otherwise expressly provided, Operafy makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that Operafy will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a Operafy Site.
All copyrights in and to the Operafy Service, including but not limited to, Operafy.com (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Operafy and/or its licensors. The use of the software or any part of the service, except for use of the service as permitted in these terms of service, is strictly prohibited and infringes on the intellectual property rights of others and may subject you to civil and criminal penalties, including possible monetary damages, for copyright infringement.
Operafy expressly disclaims any and all liability in connection with content submitted by users. Operafy does not permit copyright infringing activities and infringement of intellectual property rights on the Operafy Service and it will remove all content if properly notified that such content infringes on another's intellectual property rights. Operafy reserves the right to remove content without prior notice.
4. Site Conduct
a. Legal Compliance and Monitoring
b. Prohibited Conduct
You agree not to:
a) post, transmit, link to, or otherwise distribute any materials, information or content constituting, advocating or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use a Operafy Site or any Operafy Service in a manner which is contrary to law or would serve to restrict or inhibit any other user or customer from using or enjoying a Operafy Site, any Operafy Service or the Internet;
b) defame, abuse, stalk, harass, threaten or otherwise violate the legal rights of others, including without limitation, rights relating to privacy and publicity;
c) post, transmit, link to, or otherwise distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;
d) post, transmit, link to, or otherwise distribute any information, materials or content (including for greater certainty, software) which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
e) attempt, encourage, or assist any other person to circumvent or modify any security technology or software that is part of a Operafy Site or Operafy Service;
f) promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protected devices, or provide unauthorized sound recordings or links to unauthorized sound recording files;
g) record parodies or rewrites of songs on Operafy backing tracks.
c. Forum Conduct
By uploading materials to any message board, public or published portfolio, public or published profile or forum available on a Operafy Site (collectively "Forums") or otherwise submitting any materials to us through any other content generating or submitting service on a Operafy Site, you automatically grant (or warrant that the owner of such materials expressly grants) Operafy a worldwide, perpetual, royalty-free, irrevocable and nonexclusive right and license to use, copy, adapt, transmit, communicate, publicly display and perform, distribute and create compilations and derivative works from such submitted materials, for the purposes of publishing and promoting such materials in connection with the Forum or other Service in respect of which the materials were submitted or generated, and for all promotions thereof. Such right and license shall apply with respect to any form, media or technology now known or later developed. In addition, you warrant that all "moral rights" in such materials have been waived.
Operafy is not responsible for the content or accuracy of any information, and will not be responsible for any reliance or decisions made based on such information. When using a Forum, you may not post, transmit, link to, or otherwise distribute any information, materials or content that do not generally pertain to the designated topic or theme of the particular Forum. Use of a Forum for commercial purposes of any kind is strictly prohibited. Please note that Operafy reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of these Terms and Conditions.
d. Third Party Dealings
You acknowledge and agree that your correspondence or business dealings with any third parties, including without limitation any merchants or advertisers, found on, or through, a Operafy Site or any Operafy Service, including without limitation payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. Operafy assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner.
5. Submissions to Operafy
a) Content and Recordings
You may submit content to the Operafy Service. You shall be solely responsible for your own content and the consequences of submitting your content to the Operafy Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit.
You license to Operafy all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the Operafy Service pursuant to the Terms and Conditions. By submitting content to Operafy, you retain your ownership rights in the content but explicitly grant to Operafy and to its assignees and licensees the right and permission to use, broadcast, publish, perform, create derivative works, monetize and sell the video and audio recordings in any medium, throughout the world, without any restriction whatsoever on a royalty-free basis.
You grant each user of the Service a worldwide, non-exclusive, royalty-free, sub-licenseable and transferable license to access your content through the Operafy Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such content as permitted through the functionality of the Operafy Service and under the Terms and Conditions. You acknowledge and agree that other users of the Operafy Service may modify your content at any time following submission thereof and assume the risks related thereto.
You are free to remove your content at any time. You understand and agree, however, that Operafy may retain, but not display, distribute or perform, server copies of your content that have been removed or deleted by you. You further understand and agree that any content you have submitted, as thereafter modified by any other user of the Services, which has been previously downloaded by any other user or person will remain within the control of such user or person. You further agree that content you submit to the Operafy Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Operafy all of the license rights granted herein.
b) Site and Service Enhancements
Operafy is always improving its websites and services and developing new features. If you have ideas and/or suggestions regarding improvements or additions, we would like to hear them, but any submission will be subject to these Terms and Conditions. Under no circumstances shall any disclosure of any idea and/or suggestion or related material to Operafy be subject to any obligation of confidentiality or expectation of compensation. By submitting the idea and/or suggestion or any related material to Operafy, you are waiving any and all rights that you may have in the idea and/or suggestion or any related material and are representing and warranting to Operafy that the idea and/or suggestion or any related material are wholly original with you, that no one else has any rights in the idea and/or suggestion or any related material and that Operafy is free to implement the idea and/or suggestion and to use the related material if it so desires, as provided or as modified by Operafy, without obtaining permission or license from you or any third party.
6. Subscription Services
Certain of the Services made available on an Operafy Site may be offered by Operafy on a payment basis (a "Pay Service"). Pay Services may be offered by Operafy on a single download basis, prepaid usage basis or on a periodic subscription ("Subscription") basis. Should you choose to purchase a Pay Service, you will be required to register and you will be assigned an account for such Pay Service (the "Pay Service Account") based on the information you provide as part of the registration process.
You agree to pay all the fees applicable for such Pay Service you incur through your Pay Service Account, including without limitation any fees associated with the use of such Pay Service together with all applicable taxes (the "Fees"). Unless otherwise indicated on the relevant Pay Service description page (the "Pay Service Description"), the Fees for a Pay Service purchased through your Pay Service Account are chargeable immediately (and at the beginning of each renewal period for periodic Subscription Pay Services) to the credit card you designated for the particular Pay Service Account or through such other billing process as applicable. All Fees are non-refundable. Operafy reserves the right to change the amount of, or basis for determining, any Fees for a Pay Service, and to institute new Fees or terms at any time effective upon notice to you, which notice may for certainty include the posting of any such changes on the relevant pages related to the use of the Pay Service.
Please note that Subscription Pay Services offered on a periodic subscription basis renew automatically at the end of the relevant period as set out in the applicable Pay Service Description and Fees in respect of each such renewal shall be based on the then current rate for the particular Subscription Pay Service. You may terminate your subscription at any time, which termination will only be effective at the end of your subscription period.
By registering for a Pay Service, you warrant that: (a) you are of the age of majority in the jurisdiction in which you reside, (b) all information you submit is true and correct (including without limitation all credit card information), and (c) you are the cardholder of the credit card you designated for your Pay Service Account. In consideration of the availability, and your use, of a Pay Service, you acknowledge and agree: (a) to these Terms and Conditions, including without limitation the disclaimers, limitations of liability and provisions related to prohibited conduct set out herein as well as any terms and conditions which may be set out in the relevant Pay Service Description, (b) that you are solely responsible for all acts or omissions that occur through your Pay Service Account, (c) that the Pay Service is for your personal, non-commercial use and you agree not to resell, distribute, transfer, share or otherwise use any Pay Service, and (d) that Operafy reserves the right to suspend or terminate your Pay Service Account and your use of a Pay Service at any time, including without limitation, where Operafy has determined, in its sole discretion, that your use of the Pay Service is, or was, in breach of these Terms and Conditions. Any such termination by Operafy shall be in addition to and without prejudice to such rights and remedies as may be available to Operafy, including without limitation injunction and other equitable remedies. Your ability to use the Pay Service is also subject to any limits established by Operafy or by your credit card issuer. If Fees cannot be charged to your credit card or your charge is returned for any reason, including without limitation chargeback, Operafy reserves the right to either suspend or terminate your Pay Service Account and your access to the Pay Service.
7. Responsibility for Minors
In cases where you have authorized a minor under the age of 18 to use a Operafy Site or any Operafy Service, you recognize that you are fully responsible for: (a) the online conduct of such minor; (b) controlling the minor's access to and use of such site or service; and (c) the consequences of any misuse by the minor. You acknowledge that some of the areas of a Operafy Site may contain material that is inappropriate for minors.
8. Disclaimer You expressly understand and agree that: (a) a Operafy Site and any Operafy Service are provided on an "as is" and "as available" basis and that Operafy makes no warranties, representations or conditions (as used in this section "warranties") of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and that any such warranties are hereby expressly disclaimed, and (b) Operafy specifically makes no warranties that a Operafy Site or any Operafy Service, including without limitation any content, information, products or services obtained from or through the use of a Operafy Site or any Operafy Service, will be provided on an uninterrupted, timely, secure or error-free basis or that such service(s) or the results derived therefrom will meet your requirements or expectations.
You hereby provide Operafy with consent to send you emails based on any information you have provided Operafy, any information related to the information you have such provided, or any other information. You hereby agree that any such email sent by Operafy is not spam, illegal, or unsolicited. You hereby further agree that if you choose to delete your profile and/or resign from Operafy, your profile will not appear in any search results, however, Operafy keeps the right, to continue sending you emails in other fields, subject to your withdrawal of consent.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OPERAFY, INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SINGSNAP HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE OPERAFY SERVICES OF A OPERAFY SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A OPERAFY SITE OR ANY OF THE SERVICES.
You expressly acknowledge that Operafy has entered into this agreement, and has or may make a Operafy Site, content and Operafy Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and Operafy. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
11. Indemnification You agree to defend, indemnify and hold harmless each of Operafy, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a Operafy Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a Operafy Site, Operafy Services or content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a Operafy Site or through any Operafy Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. Termination You acknowledge and agree that Operafy, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a Operafy Site or any Operafy Service, and remove and discard any information or content related to a Operafy Site or any Operafy Service (and your use thereof), for any reason, including where Operafy believes that you have violated any of these Terms and Conditions. You further agree that Operafy shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a Operafy Site or any Operafy Service or with any terms, conditions, rules, policies, guidelines, or practices of OPerafy in operating a Operafy Site or any Operafy Service, your sole and exclusive remedy is to discontinue using a Operafy Site or any Operafy Service.
13. Jurisdiction All Operafy Sites and Operafy Services are controlled, operated and administered by Operafy from its offices within Canada. Operafy makes no representation or warranty that a Operafy Site or any Operafy Service is appropriate or available for use at any locations outside Canada. If you access a Operafy Site from outside Canada, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a Operafy Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. Each party hereby agrees to submit to the jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
14. Contact To contact Operafy in connection with these Terms and Conditions or the Operafy sites, send an email to email@example.com.
15. General Provisions This agreement is personal to you, and you may not assign your rights or obligations to anyone. These Terms and Conditions constitute the entire agreement between Operafy and you pertaining to your use of a Operafy Site, a Operafy Service and content and supersedes any prior agreements between you and Operafy with respect to the subject matter hereof. Operafy failure to insist upon or enforce strict performance of any right or provision of these Terms and Conditions shall not constitute or be construed as a waiver of any right or provision. If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions (or parts thereof) contained herein. No changes to these Terms and Conditions shall be made except by a revised posting on this page or except as otherwise expressly contemplated herein. The parties have required that these Terms and Conditions and all documents relating thereto be drawn up in English.