General Terms and Conditions
By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by ChoirCommunity, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 16 years old.
ChoirCommunity Account and Site
In order to use certain features of the Website (for example, to purchase and download music), you must register for an account on the Website and provide certain information about yourself as prompted by the Website registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate and (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by contacting ChoirCommunity. You are responsible for maintaining the confidentiality of your Account login information and are responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use or suspected unauthorized use of your Account or any other breach of security. ChoirCommunity will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Payment and Proprietary Rights
You may place an order to purchase a number of licenses to any Item (as defined in the section below) or to purchase any material offered for sale on the Site subject to the terms of this Agreement.
Subject to the terms of this Agreement, ChoirCommunity grants you a limited, non-transferable, non-exclusive license, to
- a) in the case of sheet music licences, print the number of physical copies of each Item matching the number of licences which you have purchased solely for your or your choir’s use.
- b) in the case of learning track audio licences, make the number of copies of each item matching the number of licences which you have purchased solely for your or your choir’s use.
This Agreement does not transfer from ChoirCommunity to you any ChoirCommunity or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ChoirCommunity. ChoirCommunity, ChoirCommunity.net, the ChoirCommunity.net logo, and all other trademarks, service marks, graphics and logos used in connection with ChoirCommunity.net, or the Website are trademarks or registered trademarks of ChoirCommunity or ChoirCommunity’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ChoirCommunity or third-party trademarks.
If you provide any feedback, reviews or suggestions regarding the Site, Services, Items, Applications, or materials provided through this Site, you hereby assign to Company all rights in the Feedback and agree that Company shall have the right to use such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to the Company as not confidential or proprietary to you. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
As a general policy, ChoirCommunity cannot offer refunds on any purchases made through the Website. By exception, requests for adjustments or refunds must be made via email or an online request within 30 days of purchase and will be considered on a case-by-case basis.
Posts and Comments
If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to ChoirCommunity you grant ChoirCommunity a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, ChoirCommunity will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, ChoirCommunity has the right (though not the obligation) to, in ChoirCommunity’s sole discretion (i) refuse or remove any content that, in ChoirCommunity’s reasonable opinion, violates any ChoirCommunity policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ChoirCommunity’s sole discretion. ChoirCommunity will have no obligation to provide a refund of any amounts
Points and Rewards
The ChoirCommunity Reward programme is open to any person who has registered for a ChoirCommunity account. ChoirCommunity may extend, amend or terminate the ChoirCommunity Reward programme at its discretion, or amend these Terms and Conditions at any time in which case ChoirCommunity will let all account holders know by email.
Customers earn Reward points on purchases made in the ChoirCommunity Website. Reward points may also be given out at the discretion of ChoirCommunity in which case they will be added directly to the registered account points balance. ChoirCommunity Reward points cannot be earned on purchases made prior to the start of the reward programme. Points are awarded on every purchase over £1.00. Other products may be included or excluded from time to time at the discretion of ChoirCommunity.
Customers will receive points on qualifying purchases calculated at the rate of 2 points for every £1 spent. ChoirCommunity reserves the right to remove incorrectly calculated Reward points and/or Reward points which have been added erroneously.
ChoirCommunity reserves the right to vary the rate at which Reward points are earned (including offering bonus points from time to time) on providing 14 days’ notice. Notice is properly given if we post details of any changes the Website. We will also notify of any changes by email.
Account Holders can redeem ChoirCommunity Reward points against purchases on the Website at the rate of £1.00 per 200 points. No change or credit will be given for any overpayment using points. ChoirCommunity reserves the right to vary the number of points required to be redeemed against a purchase or to exclude certain products from the ChoirCommunity Reward programme. To redeem points against intended purchases online at www.ChoirCommunity.net, login to your account and select the option to pay by redeeming points at the appropriate point during the payment checkout process.
ChoirCommunity Reward points have no cash redemption value. ChoirCommunity Reward points are for the Customer’s personal use and cannot be exchanged, sold or transferred to another Custome’s account. If a transaction on which points are earned or redeemed is cancelled or reversed ChoirCommunity will reverse the associated points earned or redeemed.
The ChoirCommunity Reward programme is operated and promoted by Web Community Group Limited.
No party other than the Account Holder and ChoirCommunity has any rights under the Contracts (Rights of Third Parties) Act 1999 or any equivalent legislation in any jurisdiction, or otherwise, to enforce any term of these Terms and Conditions.
Changes and Variations
ChoirCommunity reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ChoirCommunity may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Disclaimer of Warranties.
The Website is provided “as is”. ChoirCommunity and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ChoirCommunity nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will ChoirCommunity, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ChoirCommunity under this agreement during the twelve (12) month period prior to the cause of action. ChoirCommunity shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You agree to indemnify and hold harmless ChoirCommunity, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between ChoirCommunity and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ChoirCommunity, or by the posting by ChoirCommunity of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the United Kingdom, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in England & Wales. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in England & Wales, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ChoirCommunity may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.