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John Hunter
John Hunter
Artist Services
Annelle K. Gregory
Annelle K. Gregory
Concert Violinist
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Terms

classicalWAV Terms of Use

Welcome to the classicalWAV Inc. website and online community (the “Site”). By accessing and using the Site, you signify that you have read, understand and agree to be bound by these terms and conditions (the “Terms”). Our Site is always evolving, so the Terms may change from time to time without prior notice to you. If at any time we change, modify, add or delete part of the Terms, we will post the changes on the Site, but we recommend that you take a look at them periodically. Continuing to use the Site after any changes are made constitutes your acceptance of the revised Terms.

Community Standards

classicalWAV is a platform for classical music lovers to express, communicate and share their opinions, ideas, experiences and creations. Our goal is to create a connected community where everyone can feel comfortable, free and safe. By using the Site, you acknowledge and agree that you are solely responsible for any activity that occurs on or through your classicalWAV account. We are thrilled to have you join our Site, but it’s important to remember that it is our job to monitor, control and manage your use of the Site, or use by anyone else. This includes any conduct and any data, text, information, images, graphics, photos, profiles, audio and video clips, sounds, musical works, links and other content or materials (the “Content”) that you submit, post or publish on the Site. While we always do our best to keep all Content on classicalWAV appropriate and respectful, we need your help to maintain this standard. Remember, you are what you post!

classicalWAV respects all of our users and we expect you to do the same. Even though you may not like or agree with something that someone has posted, you must not post any Content that is profane and/or abusive, defamatory, discriminatory, unlawful, obscene or hateful. We want classicalWAV to be an enjoyable, interactive space for all of our users. As such, you may not bully, stalk, harass or threaten anyone on or through the Site. Any and all information provided in your profile must be authentic to you, and must be truthful and accurate. You must not impersonate or pretend to be anyone else while on the Site.

classicalWAV encourages our users to express their views and opinions, but we will not allow our community to be a hateful one. We will not allow any Content that attacks a person based on race, ethnicity, religion, gender, sexual orientation or disabilities. If we believe, in our sole discretion, that any Content is a violation of these Terms, or violates our community standards, we will remove and/or block it from the Site. classicalWAV also reserves the right to terminate your account and access to the Site without warning and for any reason if we determine your use to be unacceptable, inappropriate or a breach of the Terms.

Despite all of our best efforts, there may be some Content posted on the Site that could be considered offensive, harmful or inappropriate or that may be untrue or deceptive. classicalWAV does not support, warranty or endorse this Content and is not responsible for the appropriateness, accuracy or reliability of anything posted on the Site. We cannot be held responsible for any comments, information, opinions, or materials posted and will not be liable for any losses or damages that may result from their use.

Passwords

At classicalWAV, we do everything possible to make sure your account stays secure and protected. However, it is up to you to create a strong password (passwords that contain lower and upper case letters, numbers and symbols are recommended) and to keep that password safe. Since you are responsible for your account, you will be responsible for all actions and/or activities performed under your password. classicalWAV will not be liable for any loss or damages that may occur if your password is not kept safe.

Intellectual Property

classicalWAV understands the importance of protecting everyone’s intellectual property rights. We do not allow any Content to be posted or published on the Site that is a violation of these rights. By accessing and using the Site, you are agreeing to respect these rights as well and are guaranteeing that you will not post any Content unless you have the right to do so. If we believe that any Content you have posted, submitted, published or communicated on the Site infringes someone else’s intellectual property rights, we will remove the Content immediately. If you infringe other people’s intellectual property rights, we reserve the right to terminate or deactivate your account. By using classicalWAV, you are agreeing that you will not post anything or act in any way on the Site that infringes any and all third party rights or is a violation of the law in any way.

By agreeing to these Terms, you also agree not to use any of classicalWAV’s copyrights or trademarks, or marks that are confusingly similar. We want everyone to enjoy classicalWAV, so please be fair, respectful, and observe the law.

Disclaimer of Warranties and Limitation of Liability

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS”, WHERE IS”, AND “WITH ALL FAULTS” BASIS. classicalWAV EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, OR ARISING BY STATUTE, USAGE OR TRADE, CUSTOM OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS WITH RESPECT TO THE SITE AND ALL CONTENT, MATERIALS, PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

IN NO EVENT WILL classicalWAV BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATE OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS SET FORTH IN THESE TERMS OF USE, DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.

classicalWAV IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

classicalWAV is not responsible for any Content posted on the Site and may not always monitor or control what is posted. If you choose to use or rely on any Content or material from the Site, you do so at your own risk. By agreeing to these Terms, you agree that classicalWAV is not responsible for third parties' Content or for any damages as result of your use of or reliance on it. You also agree that classicalWAV cannot be held liable for any use or disclosure of Content that you provide, as well as any bugs or viruses that may be transmitted through the Site.

By agreeing to the Terms, you agree to indemnify, defend, and hold classicalWAV, its officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, actions, demands, settlements, losses and expenses (including but not limited to reasonable legal and accounting fees and expenses) resulting from, or alleged to result from, your use of the Site, your violation of any laws or third party rights, or your breach of these Terms. 

 

classicalWAV Privacy Policy

classicalWAV provides a fun, fast and unique way for classical music lovers, producers, creators and more to connect and share their passions. In all of this, your privacy is extremely important to us. This privacy policy will explain how and when we gather, share, use and protect the information you provide.

All of the Content and information that you post on classicalWAV is owned by you, and you control how it is shared through privacy and account settings. What you are providing to classicalWAV by submitting, posting or displaying Content on the Site, is a global, non-exclusive, fully paid and royalty-free, sub-licensable and transferable license to use, copy, reproduce, process, change, publish, transmit, display and distribute such Content in any and all media or distribution methods.

What Type of Information Do We Collect?

When you access and use classicalWAV, we collect Content and other information you provide to us directly, such as your username, password and email, as well as profile information (first and last name, picture, date of birth, gender, city of residence, email address) and the materials you post to the Site. We also collect information about your activities on the Site, including how often and how long you are on classicalWAV and the types of material you look at or engage with. classicalWAV will also collect other basic account information, such as any third party contact information you sync or upload to the Site, when you are mentioned in a comment or post by another user, and the Content and groups in which you show the most interest. Remember, when you publish Content or information publically on the Site, it means that you are allowing everyone, including people who may not have classicalWAV accounts or profiles, to access and use that information, and to associate it with you.

classicalWAV will collect information from and/or about the different devices you use to access the Site, including computers, mobile phones and tablets. This information includes the type of operating system, device settings and identifiers, as well as specific device locations through GPS, Bluetooth or Wifi signals. We will also collect information such as the name of your mobile carrier, language and time zone, browser type, search terms, pages visited and IP addresses.

How Do We Use This Information?

All the information we collect is used to make better, more interesting, and more customized experiences for everyone using classicalWAV. Our main purpose in gathering data from you is to help understand, provide and develop a Site that is constantly advancing and improving. By collecting information about how you access, use and communicate through the Site, we can personalize content and make suggestions for you based on your interests and activities, including the most relevant materials and advertisements.

We use your information to help develop and test new products, services and features for the Site, as well as make your use of the Site easier and more efficient. For example, classicalWAV will remember your login information to help you automatically access your account when you sign in, and so you don’t have to re-enter it the next time you visit. We may use location information that you provide or that has been determined from your device to customize your use of the Site even more by suggesting local events, ads or offers for you to enjoy.

Some of the other ways we will use the information you provide to help us better understand the Site and our users is to track and analyze user trends, like how much traffic the Site receives, and from where and whom it is coming.

We use cookies and similar technologies to collect and store information about your website usage in order to improve and customize our services and features for you and all classicalWAV users. Cookies are small files that are placed on your computer or device by the website you are using. We, as well as third party advertisers, use cookies for many reasons, including determining your preferences based on the websites your device has visited, delivering relevant advertising and stories, and storing any choices you have made online such as your preferred language. Most importantly, we use cookies to safeguard and protect our users’ information by authenticating access to the Site, and detecting and investigating any activity that may be suspicious, such as fraud of spam, or that may violate our policies.

How Do We Share This Information?

It is up to you to decide what information you post and who you allow to see. Any information that you make public, or allow others to make public, will be available to anyone on or off the Site, so remember to use your settings to make things private when you wish.

We will share the information we collect with some third-party partners, such as advertisers, in order to help us analyze and improve your use of the Site and to help them understand the effectiveness of their services. We may provide information such as age, gender and location but we will not provide any personally identifiable information, such as your name, picture or e-mail address, and these third parties will always respect your privacy wishes.

We may take your non-identifying information and combine it with other information to share in an aggregated form. However, all the data that is personally identifying will be removed and any information shared will no longer be associated with you or your account.

How Do We Store This Information?

Since you are in charge of your account, you can use your settings to update, change or delete any of the information you share at any time or to remove content that you have posted on the Site. You also always have the option to delete your classicalWAV account. If you choose to do this, we will delete your profile as well as things that you have posted or shared, such as pictures and comments. We may keep copies of some of your material in our archives, or some may remain with other people who have copied or saved your public information. Please note that some of the information we collect may be stored or processed outside of Canada.

How Long Do We Store This Information?

After your account is deleted or terminated, we may retain information about you and your account and information that you have provided for a commercially reasonable time for backup, archival, and/or audit purposes.

How Do We Respond to Legal Requests or Prevent Harm?

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of Canada where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.

 

Changes to the Policy

classicalWAV may change our policies from time to time. The most current version of our privacy policy will govern how we use your information and is there for you to look at at any time. We may provide you with notice should a change occur, but we recommend that you review it periodically to see if any updates have been made. By continuing to use the Site after any changes to our privacy policy, you signify your acceptance and agree to be bound by the policy as changed.

 

Refund Policy

Generally, all fees and charges are non-refundable and there are no refunds or credits for partially used periods. Except as noted here, all paid products, including Pro Membership subscriptions, are non-refundable after purchase and delivery.

An exception we may consider is providing a refund when we've updated your payment information and there are good reasons to believe that you did not intend for an update to be made.

Also, under the laws applicable in your jurisdiction, Pro Member subscribers may qualify for a refund if requested during a short period of time after the beginning of the subscription. For example, citizens of the European Union are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14 day period commences when the subscription service starts, which in the event of free trial promotions happens before you are first charged, and so there may be no fees paid to be refunded.

All of your Pro Membership features expire as soon as your cancellation takes effect at the end of your current billing cycle.    For billing inquiries please contact billing@classicalWAV.com .

 

 

Contact Us

If you have any questions or comments about this policy or the Site, please feel free to contact us online at info@ClassicalWAV.com