These Choirplanet's Terms and Conditions of Service (these "Terms and Conditions") describes the terms and conditions on which Choirplanet ("we" or "our company") offer services to you ("User" or "You"). By registering for or using Choirplanet services, User agrees to be bound by the following terms and conditions.
Eligibility for Choirplanet Services
Choirplanet services are available only to individuals who are legally eligible to enter into binding contracts, and businesses that it are duly licensed to do business and is in good legal standing in the jurisdictions in which they do business (during the term of these Terms and Conditions) that it is not a competitor of Choirplanet.
Subject to the terms and conditions of these Terms and Conditions, Choirplanet makes certain Services available to User. For the purposes of these Terms and Conditions: (a) "User" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) "Services" means those electronic or interactive services offered by Choirplanet. Choirplanet reserves the right to change or discontinue any of the Services at any time.
You may upload through the Services, Content created by you or for which you have received express permission from the owner ("Content") so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to Choirplanet and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, and archive (if applicable) the Content.
You, not Choirplanet, are solely responsible for the Content you upload and store on Choirplanet servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that Choirplanet reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates these Terms and Conditions, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.
You acknowledge that all materials (except Content uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, software and services (collectively "Materials"), are provided either by Choirplanet or by its respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Choirplanet and/or its Third Party Providers. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Choirplanet, the Choirplanet logo and other Choirplanet designs referenced herein are trademarks of Choirplanet, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols may be the trademarks of their respective owners.
User represents and warrants that the information it provides to Choirplanet is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, Choirplanet will have the right to suspend or terminate User's account and these Terms and Conditions.
User may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for User. Furthermore, User represents and warrants that each person who registers under User's account is an authorized agent of User (an "Authorized User") who has such legal capacity.
Responsibility for Access
User is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) under User's account, unless such access to or use of the Services is the direct result solely of the gross negligence of Choirplanet. User is solely responsible for maintaining the confidentiality of User access information.
Notification of Breach
User will immediately notify Choirplanet if User notices any activity indicating that User's account or data is being used without authorization, including: (a) User has received confirmation of an order or orders placed using User's account which User did not place or any similar conflicting report; or (b) User becomes aware of any unauthorized use of any product or service related to its account(s).
User has sole responsibility and liability for the Content its stores on Choirplanet's servers. Through the Services, Choirplanet generates a link to User's Content, which User may then provide to third parties to allow them access to the Content. Choirplanet encourages User to archive its Content regularly and frequently; User bears full responsibility for archiving its Content and sole liability for any lost or irrecoverable Content. User agrees to maintain its Content in compliance with its legal obligations. Choirplanet will disable access to User Content upon termination of these Terms and Conditions. However, Choirplanet may retain User data in its archives after termination and will not be liable to User in any way for such retained data.
Acceptable Use Policy; Prohibited Activities
You may NOT use Choirplanet's Service to:
Access and Interference
Violations or attempts to violate Choirplanet systems or to interrupt the Services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:(a) Unauthorized access to or use of Choirplanet Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of Choirplanet; or (b) Interference with service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on Choirplanet's infrastructure. User shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services. User shall not misuse system resources including, but not limited to, employing Content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to Content hosted on Choirplanet servers. Copyright or Trademark Infringement
Choirplanet Services may be used only for lawful purposes. Choirplanet complies with the Digital Millennium Copyright Act with respect to Content alleged to infringe the copyright of a third party, details of that policy can be found here. As part of Hulkshare's copyright policy, Choirplanet will terminate User’s access to the Website if User has been determined to be a repeat infringer.
By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted Content and you further represent and warrant that no Content violates the trademark or copyrights of any third party. Choirplanet reserves the right to suspend or terminate a User's transmission(s) that, in Choirplanet's discretion, violates these policies or violates any law or regulation.
You acknowledge and agree that you are solely responsible for the Content that you upload, store or share with others using the Service, and for the consequences of uploading, storing or sharing any Content. You agree that you will not use the Service to upload, store, or share Content that you did not create or that you do not have permission to upload, store, and share.
Whether lawful or unlawful, Choirplanet reserves the right to determine what is harmful to its Users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. Choirplanet reserves the right to cancel any account or transmission Choirplanet finds to be in violation of any these Terms and Conditions. If appropriate, Choirplanet will refer complaints to law enforcement authorities, and in such case, Choirplanet will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering User accounts and data information in accordance with applicable law.
You expressly understand and agree that: (a) your use of the Service is at your sole risk. Choirplanet Services are provided on an "as is" and "as available" basis. Choirplanet and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Choirplanet and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or Content; (b) Choirplanet makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (d) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
Choirplanet does not promise that Content you upload, store, or share using the Service will be maintained by Choirplanet. You are solely responsible for creating backup copies of and replacing any and all Content, at your own cost and expense. You agree that Choirplanet has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content. Choirplanet retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
Choirplanet will not routinely screen, monitor, review or revise Content uploaded, stored, or shared using the Service. However, Choirplanet may review any such Content and Choirplanet reserves the right to refuse to accept, store, or permit the sharing of any Content, to remove any Content from the Service, and to prevent the uploading, storage, or sharing of any Content. Choirplanet does not endorse or support any Content. Choirplanet does not guarantee the accuracy or reliability of any Content. Choirplanet does not guarantee that Content does not infringe third party rights, including intellectual property rights. Choirplanet does not guarantee that Content will not be harmful or offensive. Choirplanet does not guarantee that Content will comply with these Terms of Service. You acknowledge that any use of or reliance on Content obtained through the Service will be at your own risk. If you become aware of any Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform Choirplanet.
Choirplanet permits the uploading of Content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, Choirplanet does not guarantee any confidentiality with respect to any uploads.
Choirplanet provides its website as a service to its users. However, Choirplanet assumes no responsibility whatsoever for monitoring the Choirplanet Services for inappropriate Content or conduct. Choirplanet assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content and no responsibility for the conduct of the User uploads of any such Content. Choirplanet may review and delete any User uploads that, in its sole judgment, violates these Terms and Conditions or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
You agree to defend, indemnify and hold harmless Choirplanet, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of these Terms and Conditions or other Choirplanet policies.
Limitation of Liability
Your use of Choirplanet is at your own risk. If you are dissatisfied with any aspect of our Service or with these Terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service and receive a refund of the unused portion of any fees you paid Choirplanet. You expressly understand and agree that Choirplanet shall not be liable for any indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Choirplanet has been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
Modifications to Agreements, Policies or to our Services
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. Choirplanet may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these terms and conditions at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on Choirplanet's servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that Choirplanet may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing User subscription.
Without limiting other remedies, Choirplanet may immediately issue a warning, suspend (i.e., lock out access and operation of Services for User) either temporarily or indefinitely, or terminate User's account and refuse to provide Services to User if: (a) Choirplanet believes that User has violated or acted inconsistently with these Terms and Conditions, or any of our policies; or (b) User has failed to pay fees or other payments due to Choirplanet; or (c) Choirplanet is unable to verify or authenticate any information User provides to Choirplanet; or (d) Choirplanet believes that User's actions may cause legal liability for User, Choirplanet's other clients, or Choirplanet. Choirplanet may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms and Conditions may be effected without prior notice and acknowledge and agree that Choirplanet may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that Choirplanet shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of these Terms and Conditions by either User or Choirplanet, all of User rights under these Terms and Conditions, and Choirplanet's provision of Services, will terminate immediately.
The Sections 6 ("User Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation of Liability") and this Section 13 will survive any termination of these Terms and Conditionsthese Terms and Conditions
By having an active status account on Choirplanet you agree to receive update &/or notification emails from us if we deem it necessary.
You agree to defend, indemnify and hold harmless Choirplanet, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of this Agreement or other Choirplanet policies, terms and conditions.
These terms and conditions will be governed by and construed in accordance with the Laws of State of Texas and the laws of the United States. Any legal action or proceeding relating to or arising out of these Terms and Conditions or your use of the Website must be brought in Hong Kong and you submit to the venue and personal jurisdiction of any court of competent jurisdiction there. If any provision of these Terms and Conditions are held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Choirplanet's failure to act with respect to a breach by User or others does not waive Choirplanet's right to act with respect to subsequent or similar breaches. No action by User arising under these Terms and Conditions may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
User and Choirplanet are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions
Choirplanet Confidential Information
You represent and warrant to Choirplanet that (a) you are not a competitor of Choirplanet, (b) you shall keep non-public information and materials pertaining to Choirplanet, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the Choirplanet Website or use of the Choirplanet Services to compete with Choirplanet in its business.
Except for other agreements or terms appearing on the Web site, these Terms and Conditions sets forth the entire understanding and agreement between Choirplanet and User with respect to the subject matter hereof.
Any questions relating to our Legal Agreements and Policies may be directed to firstname.lastname@example.org