Description of the Website and Definitions.
1.1. The General Website.
themysteryofthebulgarianvoices.com is owned and operated by Schubert Music Publishing OOD, a Bulgarian limited limited company, having its registered address at 4 Vestlets Street, apt. 8, 1000 Sofia Bulgaria and its postal address at 2a Saborna Street, 3rd floor, 1000 Sofia, Bulgaria (“SMP”, “us” or “we”). SMP administers and maintains the Website.
A User (also “You”) is any person or entity who accesses any portion of our Website, irrespective of any status as an individual or a legal entity. As a User, you are subject to these TOU and agree to abide by all terms and conditions contained herein.
Content is any material, existing or having existed on our Website in any fashion consistent with these TOU in any form whether digital, electronic, posted, deleted, archived, embedded, linked or contained in any subpage of our Website or existing as data, designs, text, images, graphics, musical works and compositions, sound recordings, video recordings, code whether object, source or otherwise, and without limitation may generally be considered material which we have provided on or as part of our Website.
Terms for All Users
The terms and conditions in this Section apply to your use of our Website as do all other provisions in these TOU unless specifically designated otherwise.
2.1 General Standards for Use of Website.
SMP hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use our Website in the intended manner(s) described herein and in accordance with these TOU in all and each case(s) and/or to the extent permitted under all applicable laws and regulations (foreign and domestic).
Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly access or use our Website or any account or feature of it in any fashion which violates these TOU and specifically but without limitation you may not and may not permit any other party to:
- modify, reproduce, rebroadcast, retransmit, reperform, or otherwise create derivatives of any part of our Website Content;
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of our Website;
- otherwise violate any of our intellectual property, or the intellectual property or rights to publicity or privacy of others (whether now know or unknown);
- remove or alter any proprietary notices or labels on or in our Website Content;
- engage in any activity that interferes with or disrupts our Website; or
- engage in any fraudulent activity, activity for which our Website is not intended or is forbidden (expressly or impliedly), or any activity that facilitates fraud or illegal activity of any kind.
2.2 User Conduct Restrictions.
All Users are subject to full and sole responsibility (to our absolute exclusion) for their actions while using our Website and for any content provisions or submissions made to our Website by them, and agree that in no case shall they engage in activity which is or may be viewed as malicious or harmful including without limitation:
- upload, post, email, transmit or otherwise make available through the Website any Content, including the making of any offers or statements, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, false, misleading, vulgar, obscene, libelous, invasive of privacy, fraudulent, hateful, or racially, ethnically or otherwise objectionable;
- harm or discriminate against any minors or any persons of any suspect classes or engage in any activities which are or may be viewed as attacking, infringing or denying the civil or constitutional rights of any person or party;
- stalk, harass, or threaten any person or party;
- facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of any prize, discount, fee, pay-off, bribe or monetary agreement (other than a bona fide business credit or return as would normally be provided in the regular course of a concerned business’ operations to resolve an unsatisfactory customer experience in good faith) in relation to the status of any submission, post, report or complaint, or Content otherwise offered in accordance with the provisions in these TOU;
- undertake any other action or activity which does or is intended to interfere with our Website or servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of such servers or networks; or
- violate any applicable law or regulation (foreign or domestic).
All Content on our Website which exists in accordance with these TOU may either be owned by us or subject to a license held by us. Content accessible through a link provided on our Website by any party other than SMP or our authorized agent(s), or otherwise located in any place or fashion which is not controlled by us, including the websites of any third parties, is content which is not held or owned by us, or for which we are responsible in any fashion, and any such content is accessed by you at your sole risk and discretion.
You agree that absent the express written permission of SMP, you shall not, nor shall you attempt to, appropriate, falsely claim authorship or ownership of, repost, copy, derive, distribute, publicly display, publicly perform, publish, broadcast, rent, lease, offer or sell, reverse engineer, decompile, associate with in a false, diluting or confusing manner, repost to another website or make available in any linked computer system or otherwise infringe or use in an illegal manner, any content on our Website which is owned by us, by a party other than yourself, or for which you do not have the explicit legal right to do so.
General Terms and Conditions
3.1. No Warranty
SMP does not guarantee that our Website will be error free or completely secure, or will operate in an uninterrupted manner, or that errors or defects will always be corrected.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. SMP MAKES NO WARRANTY THAT OUR WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. OUR WEBSITE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING, WITHOUT LIMITATION, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT), AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, SECURITY, COMPLETENESS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT OR SYSTEM INTEGRATION.
3.2 Reservation of Intellectual Property Rights.
Various information, images and other content contained within and otherwise comprising portions of the Website constitute and may otherwise be construed as intellectual property of SMP or the Mystery of the Bulgarian Voices female choir, including without limitation various trademarks, copyrights, patents and patentable subject matter, trade secrets, and data elements and source and object code. Unless otherwise expressly permitted by SMP or the Mystery of the Bulgarian Voices in writing or as expressly (not implicitly) allowed under these TOU, you are never permitted to make use of or to download, access, sublicense or sell any such materials. SMP and the Mystery of the Bulgarian Voices expressly and implicitly reserve all rights to all its intellectual properties now known or unknown, and their failure to claim, reserve or otherwise contemplate any of those rights or potential rights to the same shall not constitute any waiver of any kind.
3.3 Prohibition on Infringing or Offensive Content.
The submission or use of any infringing, false, defamatory or offensive content by any User is prohibited by SMP and any violation of this restriction by any person or entity constitutes a violation of these TOU, for which SMP is indemnified and otherwise disclaims liability.
3.4 Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of Republic of Bulgaria. The parties agree that upon any waiver or nullification of requirement to submit to arbitration, the proper venue for resolution of any dispute under these TOU shall be the located in the city of Sofia, Republic of Bulgaria.
Any term or provision of these TOU which is adjudged or otherwise determined by a court or other body of competent and authoritative jurisdiction to be illegal or unenforceable shall be automatically deemed as null and void and struck from these Terms and Conditions without any effect to or upon the legality or enforceability of any other provisions contained herein.
3.7 Entire Agreement