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Terms of Use
This Terms of Use notice (drawn on November 2nd, 2009), describes the terms of use adopted by ChristmaSpace to provide its service to the user (identified as "User").
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Registration in the Service is void where prohibited. This Site is intended solely for users over 18 and users under 18 who have parent consent to use it. Any registration by, use of or access to the Site by anyone under 18 without parent consent, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, the User represents and warrants that it is over 18 or under 18 with parent consent and that it agrees to and to abide by all of the terms and conditions of this Agreement.
In consideration of the User use of the Site, the User agrees to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information the User provides to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of its account and for any actions that take place using its account.
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to the User own User Content (as defined below) that the User legally posts on the Site. Provided that the User is eligible for use of the Site, to the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which the User has properly gained access solely for its personal, non-commercial use, provided that the User keeps all copyright or other proprietary notices intact. Except for the User own User Content, the User may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
CHRISTMASPACE, VIRTUAL SHEET MUSIC, CLASSICAL SHEET MUSIC DOWNLOADS and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
The User understands that except for advertising programs offered by us on the Site, the Service and the Site are available for the User personal, non-commercial use only. The User represents, warrants and agrees that no materials of any kind submitted through its account or otherwise posted, transmitted, or shared by it on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, the User agrees not to use the Service or the Site to:
The User is solely responsible for the photos, profiles (including name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that the User may upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). The User cannot post, transmit, or share User Content on the Site or Service that the User did not create itself or that the User does not have permission to post. The User understands and agrees that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the ChristmaSpace Code of Conduct (see below), or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. The User is solely responsible at its sole cost and expense for creating backup copies and replacing any User Content the User posts or stores on the Site or provides to the Company.
When the User posts its content to the Site, it authorizes and directs us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The User may remove its User Content from the Site at any time. If the User chooses to remove its User Content, the license granted above will automatically expire, however the User acknowledges that the Company may retain archived copies of its User Content. ChristmaSpace does not assert any ownership over the User's User Content; rather, as between us and the User, subject to the rights granted to us in these Terms, the User retain full ownership of all of its User Content and any intellectual property rights or other proprietary rights associated with the User's User Content.
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the ChristmaSpace website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our ChristmaSpace Copyright Policy (see below), we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeater infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us. Please see our ChristmaSpace Copyright Policy for more information on how to report infringement of your copyright.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
The User is solely responsible for its interactions with other ChristmaSpace users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
We care about the privacy of our users. Please, review the ChristmaSpace's Privacy Policy (see below). By using the Site or the Service, the User is consenting to have its personal data transferred to and processed in the United States.
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by ChristmaSpace, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF registration, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
The Company may terminate your registration, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 with or without parent consent. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view its contents. The User may close his registration at any time. Any closing fund balance, if present, will be refunded to the User credit card or PayPal account.
By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
THE USER AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the site may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
The User agrees to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content the User posts or share on or through the Site (including through the Share Service), the User use of the Service or the Site, the User conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
These Terms of Use constitute the entire agreement between the User and Company regarding the use of the Site and/or the Service, superseding any prior agreements between the User and Company relating to the User use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
In using ChristmaSpace, the User may not:
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like ChristmaSpace. Therefore, the User may not post or share Content that:
Although as an online service provider, we are not responsible for the conduct of our users, we want ChristmaSpace to be a safe place on the Internet. Therefore, in using ChristmaSpace, the User may not:
Any material uploaded on ChristmaSpace (images, audio, video contents) must comply with the following:
By uploading contents on ChristmaSpace you also grant to ChristmaSpace the permission to host those contents and allow other users to download them free of charge. You do however retain any copyright for the uploaded contents, and users of ChristmaSpace are not given the right to distribute or sell them other than to download for personal use.
If you believe that your own copyrighted work is accessible on the ChristmaSpace website or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing. Filing a false form on this site/page constitutes perjury.
Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false form on this page constitutes perjury.
Any information the User shares with us is strictly confidential and will only be used in the way the User requests. Such information will NOT be shared or sold to a third party for any reason whatsoever. By using or accessing ChristmaSpace, you are accepting the practices described in this Privacy Policy.
When you visit ChristmaSpace you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site.
When you register with ChristmaSpace, you provide us with certain personal information, such as your name, your email address and any other personal or preference information that you provide to us.
When you enter ChristmaSpace, we collect your browser type and IP address. This information is gathered for all ChristmaSpace visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to ChristmaSpace. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.
When you use ChristmaSpace, you may set up your personal profile, form relationships, send messages, perform searches and queries, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update your information, we don't keep any backup of any previously submitted information. Any deleted information is done at your own risk. ChristmaSpace cannot be accountable for information or data loss.
You post your personal information and content (as defined in the General ChristmaSpace Terms of Use above) on the Site at your own risk. Although we allow you to set privacy options that limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of your content/information may remain viewable in cached and archived pages of external Search Engines or if other Users have copied or stored your content somewhere else either on this site or on external sites.
Any improper collection or misuse of information provided on ChristmaSpace is a violation of the General ChristmaSpace Terms of Service (see above) and should be reported to us.
If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will automatically send your friend a one-time email or instant message inviting him or her to visit the site but we don't store that information anywhere.
Any User may delete his personal information from the ChristmaSpace database at any time by just contacting us for any reason through our Contact Us page.
By using ChristmaSpace, you are consenting to have your personal data transferred to and processed in the United States where ChristmaSpace (part of Virtual Sheet Music Inc.) resides.
When you register with ChristmaSpace, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, are displayed to people how specified in your privacy settings to enable you to connect with people on ChristmaSpace. We may occasionally use your name and email address to send you notifications regarding new services offered by ChristmaSpace that we think you may find valuable.
Profile information is used by ChristmaSpace primarily to be presented to others permitted to view that information by your privacy settings. Profile information you submit to ChristmaSpace will be available to users of ChristmaSpace as well to external users according to your privacy settings. Your published information may be made available to third party search engines. This is primarily so your potential audience can easily find you and send a contact request.
ChristmaSpace may send you service-related announcements from time to time through the general operation of the service. For instance, if a friend sends you a new message or someone posts a reply on a forum where you subscribed to, you may receive an email or instant message alerting you to that fact.
Generally, you may opt out of such emails here, though ChristmaSpace reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
ChristmaSpace may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as personalizing advertisements and promotions so that we can provide you our service at its best. We believe this benefits you.
We recommend that minors ask their parents for permission before sending any information about themselves to anyone over the Internet.
ChristmaSpace may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by ChristmaSpace.
Your use of ChristmaSpace, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our herein Terms of Use at any time. If we make changes, we will post them and will indicate at the top of this page the policy's new review date. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.
ChristmaSpace displays selected advertising according to the Online Privacy Alliance guidelines.
ChristmaSpace declares that this Privacy Statement conforms to the Online Privacy Alliance guidelines.
For more information or questions, please Contact Us.
GENERAL TERMS
ChristmaSpace is a social website that connects people to share and enjoy Christmas. The ChristmaSpace network (collectively, "ChristmaSpace" or the "Service") are operated by Virtual Sheet Music, Inc. and its corporate affiliates (collectively, "us", "we" or "the Company"). By accessing or using our web site at www.christmaspace.com you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of ChristmaSpace. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Eligibility
Registration in the Service is void where prohibited. This Site is intended solely for users over 18 and users under 18 who have parent consent to use it. Any registration by, use of or access to the Site by anyone under 18 without parent consent, is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, the User represents and warrants that it is over 18 or under 18 with parent consent and that it agrees to and to abide by all of the terms and conditions of this Agreement.
Registration Data and Account Security
In consideration of the User use of the Site, the User agrees to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information the User provides to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of its account and for any actions that take place using its account.
Proprietary Rights in Site Content and Limited License
All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to the User own User Content (as defined below) that the User legally posts on the Site. Provided that the User is eligible for use of the Site, to the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which the User has properly gained access solely for its personal, non-commercial use, provided that the User keeps all copyright or other proprietary notices intact. Except for the User own User Content, the User may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
Trademarks
CHRISTMASPACE, VIRTUAL SHEET MUSIC, CLASSICAL SHEET MUSIC DOWNLOADS and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
User Conduct
The User understands that except for advertising programs offered by us on the Site, the Service and the Site are available for the User personal, non-commercial use only. The User represents, warrants and agrees that no materials of any kind submitted through its account or otherwise posted, transmitted, or shared by it on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, the User agrees not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of the User or the User's band/ensemble, (ii) are taken by the User or the User's band/ensemble, or (iii) are original art or animation created by the User or the User's band/ensemble;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any band/ensemble, group or entity the User doesn't belong to;
- impersonate any person or entity, or falsely state or otherwise misrepresent itself, the User age or the User affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type;
User Content Posted on the Site
The User is solely responsible for the photos, profiles (including name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that the User may upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). The User cannot post, transmit, or share User Content on the Site or Service that the User did not create itself or that the User does not have permission to post. The User understands and agrees that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or the ChristmaSpace Code of Conduct (see below), or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. The User is solely responsible at its sole cost and expense for creating backup copies and replacing any User Content the User posts or stores on the Site or provides to the Company.
When the User posts its content to the Site, it authorizes and directs us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. The User may remove its User Content from the Site at any time. If the User chooses to remove its User Content, the license granted above will automatically expire, however the User acknowledges that the Company may retain archived copies of its User Content. ChristmaSpace does not assert any ownership over the User's User Content; rather, as between us and the User, subject to the rights granted to us in these Terms, the User retain full ownership of all of its User Content and any intellectual property rights or other proprietary rights associated with the User's User Content.
Copyright Complaints
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the ChristmaSpace website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our ChristmaSpace Copyright Policy (see below), we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeater infringers as described herein in accordance with the Digital Millenium Copyright Act. If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to us. Please see our ChristmaSpace Copyright Policy for more information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites and Content
The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
User Disputes
The User is solely responsible for its interactions with other ChristmaSpace users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Privacy
We care about the privacy of our users. Please, review the ChristmaSpace's Privacy Policy (see below). By using the Site or the Service, the User is consenting to have its personal data transferred to and processed in the United States.
Disclaimers
The Company is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by ChristmaSpace, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
Limitation on Liability
IN NO EVENT WILL COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE SERVICE DURING THE TERM OF registration, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
Termination
The Company may terminate your registration, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 with or without parent consent. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view its contents. The User may close his registration at any time. Any closing fund balance, if present, will be refunded to the User credit card or PayPal account.
Governing Law; Venue and Jurisdiction
By visiting or using the Site and/or the Service, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
Arbitration
THE USER AND COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that: (a) to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth above or in the Code of Conduct then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought; and (b) no disputes or claims relating to any transactions you enter into with a third party through the site may be arbitrated.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than three (3) years after the cause of action arose.
Indemnity
The User agrees to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content the User posts or share on or through the Site (including through the Share Service), the User use of the Service or the Site, the User conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Other
These Terms of Use constitute the entire agreement between the User and Company regarding the use of the Site and/or the Service, superseding any prior agreements between the User and Company relating to the User use of the Site or the Service. The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
CODE OF CONDUCT
ChristmaSpace is a social website that connects users to share Christmas media (videos, images, audio, etc). We want ChristmaSpace to be a place where people respect the rights and feelings of others, including third party intellectual property rights. Therefore, we have established certain rules for using ChristmaSpace and for posting information, messages, photos, video and other content ("Content") on ChristmaSpace, which rules are set forth in our General Terms of Use (see above) and in this User Code of Conduct. WHEN YOU USE ChristmaSpace, YOU ARE AGREEING TO ABIDE BY THE USER CODE OF CONDUCT AND THE OTHER RULES SET FORTH IN OUR TERMS OF USE. FAILURE TO ADHERE TO THIS CODE OF CONDUCT AND THE TERMS OF USE MAY RESULT, AMONG OTHER THINGS, IN TERMINATION OF YOUR ACCOUNT AND THE DELETION OF CONTENT THAT YOU HAVE POSTED ON ChristmaSpace, WITH OR WITHOUT NOTICE, AS DETERMINED BY ChristmaSpace IN ITS SOLE DISCRETION. Please refer to our General Terms of Use (above) for more information about the rules applicable to your use of ChristmaSpace and the other rights and remedies of ChristmaSpace.
Third-Party Content
In using ChristmaSpace, the User may not:
- upload or share any photographs, videos or other Content other than original works that are created by the User;
- post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party;
- attempt to circumvent any content filtering techniques we may employ;
Inappropriate Content
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community like ChristmaSpace. Therefore, the User may not post or share Content that:
- is obscene, pornographic or sexually explicit;
- depicts graphic or gratuitous violence;
- makes threats of any kind or that intimidates, harasses, or bullies anyone;
- is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful;
Unlawful or Harmful Content or Conduct
Although as an online service provider, we are not responsible for the conduct of our users, we want ChristmaSpace to be a safe place on the Internet. Therefore, in using ChristmaSpace, the User may not:
- violate any local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense;
- impersonate any person or entity or otherwise misrepresent the User itself, the User age or the User affiliation with any person or entity;
- use ChristmaSpace to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- post or share any personally identifiable or private information of any third party;
- solicit passwords or personal information from anyone, including those under 18;
- use information or content you obtained on the ChristmaSpace website or service in any manner not authorized by the ChristmaSpace Code of Conduct or General Terms of Use (see above);
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Service or the Site;
- engage in any predatory or stalking conduct;
COPYRIGHT POLICY
ChristmaSpace respects the intellectual property rights of others and prohibits its users from uploading, posting or otherwise transmitting on the ChristmaSpace website or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described below, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
Copyrights Guidelines
Any material uploaded on ChristmaSpace (images, audio, video contents) must comply with the following:
- Any uploaded content must be in the public domain (works created before 1923) or, if copyrighted, must have the author's permission to be published on ChristmaSpace. Example: if the content is created by you, you can upload it; if the content is created by others you must have their permission to get it published on ChristmaSpace.
- In the case of audio recordings, if the content is in the public domain (works created before 1923) you must have also its recording and performing permissions. Example: if you upload a public domain composition from a CD, you must have permissions from the recording company as well from the performers playing that composition.
By uploading contents on ChristmaSpace you also grant to ChristmaSpace the permission to host those contents and allow other users to download them free of charge. You do however retain any copyright for the uploaded contents, and users of ChristmaSpace are not given the right to distribute or sell them other than to download for personal use.
Notification of Alleged Copyright Infringement
If you believe that your own copyrighted work is accessible on the ChristmaSpace website or service in violation of your copyright, you may provide our Designated Agent with a written communication as set forth in the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512(c)(3) that contains substantially the following information:
- Identify in sufficient detail the copyrighted work or intellectual property that you claim has been infringed so that we can locate the material. For example, "The copyrighted work is my content that appears at http://www.christmaspace.com/videos/...". If multiple copyrighted works are covered by your Notification, you may provide a representative list of such works to us and where they are located on the site;
- Identify the URL or other specific location on the ChristmaSpace website that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the alleged infringing material. For example, "The content at the following URL infringes on my copyright: http://www.christmaspace.com/videos/...";
- Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
- Include a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Include a statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner's behalf;
- Include your name, mailing address, telephone number and email address;
ChristmaSpace Copyright Office
Virtual Sheet Music, Inc.
12 Novilla
Laguna Niguel, CA 92677 (USA)
Fax (toll free within the US): 1 800 717 1876
Fax (international): +1-973-273-2171
E-Mail: Contact Form
Virtual Sheet Music, Inc.
12 Novilla
Laguna Niguel, CA 92677 (USA)
Fax (toll free within the US): 1 800 717 1876
Fax (international): +1-973-273-2171
E-Mail: Contact Form
Please note that you may be liable for damages, including court costs and attorneys fees, if you materially misrepresent that content on our website and/or service is copyright infringing. Filing a false form on this site/page constitutes perjury.
Upon receiving a proper Notification of Alleged Copyright Infringement as described in this Section A, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the DMCA statutory Counter Notification procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.
Counter Notification
If you believe your own copyrighted material has been removed from our website and/or service as a result of mistake or misidentification, you may submit a written Counter Notification to our Designated Agent pursuant to 17 U.S.C. § 512(g)(2) and (3). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
- Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found;
- A statement that you will accept service of process from the party that filed the Notification of Alleged Copyright Infringement or the party's agent;
- Your name, address and telephone number;
- A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- Your physical or electronic signature;
ChristmaSpace Copyright Office
Virtual Sheet Music, Inc.
12 Novilla
Laguna Niguel, CA 92677 (USA)
Fax (toll free within the US): 1 800 717 1876
Fax (international): +1-973-273-2171
E-Mail: Contact Form
Virtual Sheet Music, Inc.
12 Novilla
Laguna Niguel, CA 92677 (USA)
Fax (toll free within the US): 1 800 717 1876
Fax (international): +1-973-273-2171
E-Mail: Contact Form
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notification of Alleged Copyright Infringement informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.
Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false form on this page constitutes perjury.
PRIVACY POLICY
User Information and Opt Out
Any information the User shares with us is strictly confidential and will only be used in the way the User requests. Such information will NOT be shared or sold to a third party for any reason whatsoever. By using or accessing ChristmaSpace, you are accepting the practices described in this Privacy Policy.
When you visit ChristmaSpace you provide us with two types of information: personal information you knowingly choose to disclose that is collected by us and Web Site use information collected by us as you interact with our Web Site.
When you register with ChristmaSpace, you provide us with certain personal information, such as your name, your email address and any other personal or preference information that you provide to us.
When you enter ChristmaSpace, we collect your browser type and IP address. This information is gathered for all ChristmaSpace visitors. In addition, we store certain information from your browser using "cookies." A cookie is a piece of data stored on the user's computer tied to information about the user. We use session ID cookies to confirm that users are logged in. These cookies terminate once the user closes the browser. By default, we use a persistent cookie that stores your login ID (but not your password) to make it easier for you to login when you come back to ChristmaSpace. You can remove or block this cookie using the settings in your browser if you want to disable this convenience feature.
When you use ChristmaSpace, you may set up your personal profile, form relationships, send messages, perform searches and queries, and transmit information through various channels. We collect this information so that we can provide you the service and offer personalized features. In most cases, we retain it so that, for instance, you can return to view prior messages you have sent or easily see your friend list. When you update your information, we don't keep any backup of any previously submitted information. Any deleted information is done at your own risk. ChristmaSpace cannot be accountable for information or data loss.
You post your personal information and content (as defined in the General ChristmaSpace Terms of Use above) on the Site at your own risk. Although we allow you to set privacy options that limit access to your information, please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other Users with whom you may choose to share your pages and information. Therefore, we cannot and do not guarantee that User Content you post on the Site will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site. You understand and acknowledge that, even after removal, copies of your content/information may remain viewable in cached and archived pages of external Search Engines or if other Users have copied or stored your content somewhere else either on this site or on external sites.
Any improper collection or misuse of information provided on ChristmaSpace is a violation of the General ChristmaSpace Terms of Service (see above) and should be reported to us.
If you choose to use our invitation service to tell a friend about our site, we will ask you for information needed to send the invitation, such as your friend's email address. We will automatically send your friend a one-time email or instant message inviting him or her to visit the site but we don't store that information anywhere.
Any User may delete his personal information from the ChristmaSpace database at any time by just contacting us for any reason through our Contact Us page.
By using ChristmaSpace, you are consenting to have your personal data transferred to and processed in the United States where ChristmaSpace (part of Virtual Sheet Music Inc.) resides.
Use of Information Obtained by ChristmaSpace
When you register with ChristmaSpace, you create your own profile and privacy settings. Your profile information, as well as your name, email and photo, are displayed to people how specified in your privacy settings to enable you to connect with people on ChristmaSpace. We may occasionally use your name and email address to send you notifications regarding new services offered by ChristmaSpace that we think you may find valuable.
Profile information is used by ChristmaSpace primarily to be presented to others permitted to view that information by your privacy settings. Profile information you submit to ChristmaSpace will be available to users of ChristmaSpace as well to external users according to your privacy settings. Your published information may be made available to third party search engines. This is primarily so your potential audience can easily find you and send a contact request.
ChristmaSpace may send you service-related announcements from time to time through the general operation of the service. For instance, if a friend sends you a new message or someone posts a reply on a forum where you subscribed to, you may receive an email or instant message alerting you to that fact.
Generally, you may opt out of such emails here, though ChristmaSpace reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.
ChristmaSpace may use information in your profile without identifying you as an individual to third parties. We do this for purposes such as personalizing advertisements and promotions so that we can provide you our service at its best. We believe this benefits you.
Children with ages less than 18
We recommend that minors ask their parents for permission before sending any information about themselves to anyone over the Internet.
Links
ChristmaSpace may contain links to other websites. We are of course not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by ChristmaSpace.
Terms of Use, Notices and Revisions
Your use of ChristmaSpace, and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our herein Terms of Use at any time. If we make changes, we will post them and will indicate at the top of this page the policy's new review date. We encourage you to refer to this policy on an ongoing basis so that you understand our current privacy policy. Unless stated otherwise, our current privacy policy applies to all information that we have about you and your account.
Advertising
ChristmaSpace displays selected advertising according to the Online Privacy Alliance guidelines.
Final Declaration
ChristmaSpace declares that this Privacy Statement conforms to the Online Privacy Alliance guidelines.
For more information or questions, please Contact Us.