Interpretation and Definitions
The words of which the initial letter is capitalised have meanings defined under the following conditions.
The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to At Home Choir Productions LTD, 15b Station Road, Knebworth, England, SG3 6AP.
- Country refers to: United Kingdom
- Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
- File refers to any audio or video submitted to At Home Choir Productions LTD
- Service refers to the Website and online content including but not limited to:
- Participant refers to any individual taking part in a At Home Choir project (regardless of whether they have donated)
- Product refers to public output from the Company which includes but is not limited to composite recordings, video recordings and audio recordings
- Project refers to the preparation for and participation in a Product
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to At Home Choir, accessible from www.stayathomechoir.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You must be over the age of 13 to Participate in Projects.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Ownership of all musical compositions, including the notation, lyrics, audio, video and music made available to Participants remains with the copyright holder. Participants should only use these materials for work directly linked to At Home Choir Productions LTD. Unless otherwise stated, where score purchase is included in the cost of participation, participants are granted a license in accordance with the purchase agreement provided to the public by the publisher of the work.
By submitting a video or audio file to the Company, participants consent to the Company's use of the files or any part thereof for any and all purposes in perpetuity, in all locations throughout the universe. Participants retain the right to use and share the files they submit.
In consideration of the Company agreeing to consider your File for possible inclusion in a Product (which will be created at the expense of the Company and in reliance on your agreeing to these Terms) which you acknowledge is a good and valuable consideration, you hereby grant to us all consents necessary to enable us to make the fullest use of your performance and the File throughout the universe in perpetuity by any and all means in any and all media, whether now known or hereafter developed or discovered, without liability (save as specifically hereinafter provided) or acknowledgement to you and grant to the Company a perpetual, irrevocable, sublicensable and royalty-free license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights, to use, exploit, reproduce, make available, edit, distribute, display, exhibit, modify, adapt, photograph, record, create derivative works, and otherwise use and permit others to use the submitted File throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, without liability, obligation, restriction, condition, compensation (no payment to you), credit or attribution, for any purpose whatsoever.
Participation in Projects
No remuneration will be available to Participants.
Participants acknowledge that submission of files to the Company does not guarantee inclusion in the final Product (video/live video/audio file).
The Company accepts no responsibility for files uploaded incorrectly, including files which do not follow submission instructions.
A donation towards a Project or to the Company does not constitute a transaction. There exists between the Company and the Participant no contract for the provision of services. Donations to At Home Choir Productions LTD are final and will only be refunded at the sole discretion of the Company.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company. Complaints should be directed to [email protected]
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to contact all Participants. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Service.
If you have any questions about these Terms and Conditions, You can contact us:
- By email: [email protected]