Terms and Conditions of Use
Effective from 14 July 2007.
OnClassical by A. Simonetto
OnClassical is accessible at the address http://www.onclassical.com.
By using onclassical.com, you commit to comply with these Terms and Conditions of Use .
The "Site" designates the website onclassical.com/ site.
"Work(s)" means the musical works provided on the Site.
"Other Content" are all images, texts, covers, documents that may be available at the Site.
"Album(s)" are the Works in CD-quality that can be download at a charge through the Site.
"Music Samples" are the previews of the Albums at a low quality (MPEG 3 at 96 kbps/cbt) that can be listened free of charge through the Site.
"Music Licensing" is the permission OnClassical (the "licensor") grantes to another party ("licensee") as an element of an agreement between those parties. "Music Licensing" is the licensed use of the Work(s).
The "Service" designates the downloading, the listening and the using of the Works and the Other Contents, subject to certain limitations, as described herein.
The "Redownload Page" is the page available at http://onclassical.com/ecm/redownload.htm where Albums are available.
2. Use of Service.
Payment(s). Downloading of an Album is subject to a fee.
Methods of payment. Payments accepted is PayPal (includes Visa, Mastercard and all cards available).
Downloading. Album(s) may be only downloaded in studio master quality (FLAC).
Terminations. Once the 99 day period has expired, the Album may no longer be downloaded without an additional payment.
Future Works. If new Works become available, they are part of the Service, and governed by these Terms and Conditions of Use unless otherwise specified.
Modifications. OnClassical maintains the right to add, delete, modify or change Works and Other Content, and the Service and its Terms and Conditions of Use at any time without notice.
3. Technical information.
(Non-)Registration. Registration is not a requirement for accessing the Site and the Service.
Cookies. Browser cookies have to be active to permit our transaction program to run in order to purchase Albums. Redownload Page will show you the list of Albums purchased (comprehensive of files) in the (only) case your browser cookies are not deactivated or cancelled.
Platform. onclassical.com runs on IIS servers and uses self-produced software based on ASP and Flash technology.
Possible interruptions. OnClassical may temporarily suspend exploitation
of the Service in order to improve or maintenance it. OnClassical cannot
ensure that the Service will function without interruption and errors or
that access to Services will be guaranteed, particularly in the following
5. Fees and Payments.
Credit Cards. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Terms and Conditions of Use to determine your rights and liabilities as a cardholder. You, and not OnClassical, are responsible for paying any amounts billed to your credit card by a third party which were not authorized by you.
External fees (if any). Fees, charges and payments hereunder do not include paying any taxes, duties, government levies or other charges (if any) imposed by a taxing or other regulatory authority relating to your use of the Service for which you are solely responsible. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.
Except for elements of intellectual property related to the Works and the Other Content, OnClassical alone is the owner of the intellectual property rights in the trademarks, patents, logos, texts, graphics and photographs contained in the Site, which elements cannot be reproduced without the express authorization of OnClassical.
You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third parties or circulate the Album(s) to anyone, or to exploit any such content for commercial or non-commercial purposes without the express prior written consent of OnClassical.
You agree not to engage in any conduct that violates or infringes those intellectual property rights. You further agree that engaging in any activity with the aim of circumventing the Site’s protection and methods is a violation punishable to the full extent of the law.
OnClassical retains exclusive ownership of the Service and all intellectual property rights associated therewith.
You acknowledge and agree to use the Works and the Other Contents, or copies of the same, only for your own personal use. You also understand that any non personal or commercial use is admitted only after having signed a specific licensing agreement with OnClassical.
Use of Works. You commit to strictly comply with the Terms and Conditions of Use and, more generally, to refrain from infringing on the intellectual property rights of the Works and the Other Content herein.
Other important restrictions. You may not use, nor allow others to use, the Service, directly or indirectly, to: (i) attempt to or actually disrupt, impair or interfere with, alter or modify the Service, or the Works and Other Content posted and/or displayed on the Site; (ii) act in a way that affects or reflects negatively on the Site, the Service and OnClassical; (iii) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
Serious violation. You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (i) accessing data not intended for you; (ii) attempting to probe, scan or test the vulnerability of the Site and the Service, or to breach security or authentication measures, regardless of your motives or intent; (iii) attempting to interfere with or disrupt the Service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (iv) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or these Terms and Conditions of Use may result in civil or criminal liability.
No robots. You are not allowed to use any automated system, robots, download accelerators or similar software for the selection or downloading of files.
No deep-links. You must not, under any circumstances, provide links to our media from your or any website (deep-links) or link to our email address/es.
OnClassical reserves the right to immediately and permanently terminate your access to the Service if it believes that you are violating the above mentioned limitations.
8. User Indemnity.
You shall indemnify and defend OnClassical and hold OnClassical harmless from and against any and all costs, liabilities, losses, damages and expenses arising out of any claims, actions, suits, or proceedings of any kind from any third party claim relating to your breach of the Terms and Conditions of these Terms and Conditions or to another person whose uses the Service on your computer.
the Service is provided on an “as is” and an “as available” basis. We do NOT make, and hereby disclaim, any representations or warranties regarding the use of the Service on the Site, and the Works offered by the Site. OnClassical makes NO warranty, express or implied, that the Service will be adequate or meet your requirements, and/or your access to/and use of the Service will be uninterrupted or error-free, and/or free of viruses, not common or malicious codes, or other harmful components, and/or otherwise secure.
OnClassical makes no warranty with respect to the accuracy or effectiveness of the Site, including content therein, nor any errors or problems of any kind that may arise from the Site. OnClassical shall not be responsible for losses, damages, costs, or expenses of any kind resulting from the use of the Service.
10. Non recurrence.
Publications of Works and Other Content on OnClassical are not bound to recurrence, but are published at the sole discretion, formality and timing of OnClassical.
12. Applicable law.
These Terms and Conditions of Use are governed by the laws of Italy. Any dispute regarding their construction or departure there from shall be submitted to the competent courts of Italy.