By accessing or using the Services, You acknowledge that You have read this Agreement, understand it, and agree to be bound by its terms. If You do not agree, then please do not use the Services.
The Effective Date of this Agreement is May 1, 2018
Tiny Opera House reserves the right, in its sole discretion, to modify or add to this Agreement at any time, for any reason, with or without notice to You (“Updated Terms”). The Updated Terms shall be included in a revised version of this Agreement accessible through the Platform. Tiny Opera House may provide notice of significant changes to this Agreement as required by law.
Your use of the Services following the posting of any Updated Terms constitutes Your unconditional acceptance and agreement to be bound those changes. You must cease using the Services immediately if You do not agree to be bound by the Updated Terms.
The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to Your use of the Services from that point forward.
Tiny Opera House reserves the right to enforce rules to encourage a positive atmosphere in our community. As a condition of Your use of the Services, You agree that:
• You must be 18 years of age or older to use the Services
• You are solely responsible for Your interaction with other Users of the Services, whether online or offline;
• You are responsible for any activity that occurs under Your registered username;
• Tiny Opera House reserves the right, but has no obligation, to monitor or become involved in disputes between You and other Users;
• You may not impersonate any other person, User or company or upload or post any content that You know is false, fraudulent, deceptive, inaccurate, misleading or that misrepresents Your identity or affiliation with Tiny Opera House;
• You may not post pornographic materials (this includes nude, partially nude, or sexually suggestive photos);
• You may not promote violence or describe how to perform a violent act;
• You must not abuse, harass, threaten, impersonate, or intimidate other users or use the Services to harass others in any manner;
• You may not use the Services for any illegal or unauthorized purpose(s) including, without limitation, to violate any law, contract, intellectual property or other third-party right or commit a tort
The above list contains examples and is not intended to be complete or exclusive. Tiny Opera House does not have an obligation to monitor Your access to or use of the Services or to review or edit any information posted to the Services, by users. However, Tiny Opera House has the right to do so for the purpose of operating the Services, to ensure Your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
You agree to the following conditions for Your use of the Services:
• Tiny Opera House reserves the right to refuse Services to anyone for any reason at any time.
• Tiny Opera House reserves the right to force forfeiture of any username or account that becomes inactive, violates this Agreement, defames, or may mislead other users.
• Tiny Opera House reserves the right to reclaim usernames or accounts on behalf of businesses or individuals that hold legal claim or trademark on those usernames or accounts.
• To the extent Your conduct, in our sole discretion, violates this Agreement, Tiny Opera House may limit or terminate the Agreement, Your account, and Your Services, and seek other remedies
• Tiny Opera House cannot be responsible for prohibited content posted on its Services, so You nonetheless may be exposed to such materials and do so at Your own risk.
• In the event of any inaccuracy or typographical error relating to an item’s description, price, offer, photograph, or availability, Tiny Opera House reserves the right to update, change, or cancel the transaction.
• Tiny Opera House has not been reviewed, verified, or authenticated any of the content on Services, and may include inaccuracies or false information. Thus, Tiny Opera House makes no representations, warranties, or guarantees in connection with its Services relating to the quality, suitability, truth, accuracy, or completeness of any content contained related to the Services.
You shall not:
• Access or try to access non-public areas of the Services, Tiny Opera House computer systems, or the technical delivery systems employed by Tiny Opera House for its Services;
• Use any robot, spider, site search/retrieval application(s), or other automated/manual device, process, or means to scrape any portion of the Services or any content from Tiny Opera House , including but not limited to, posted items, Customer profiles, Content as described below, or other user(s) information;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services. Create or submit unwanted email or comments to any users;
• Gather and use user information for any purpose outside of this Agreement, including but not limited to, spam, chain letters, pyramid schemes, or any other form of unwanted solicitation;
• Transmit any worms or viruses or any code of a destructive nature.
• Develop any third-party applications that interact with the Services without our prior written consent.
• Remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material;
• Transport, export or re-export (directly or indirectly) into any country forbidden to receive such Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time
• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity or any other activity that violates this Agreement or any laws in Your jurisdiction.
• You may not add sensitive data to Your account that is subject to U.S. federal regulations which includes, without limitation, medical records, health-related records, human resources-related data, student records.
You may be required to establish an account on the Platform (an “Account”) to access certain portions of the Platform. Each Account and the User identification and password for each Account (the “Account ID”) is personal in nature. Each Account is for Your personal use and each Account ID may be used only by You alone. You may not distribute or transfer Your Account or Account ID or provide a third-party with the right to access Your Account or Account ID. You are solely responsible for all use of the Platform or Content through Your Account. You will ensure the security and confidentiality of Your Account ID and will notify Tiny Opera House immediately if any Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under any Account ID (whether lawful or unlawful) and that any transactions completed through any Account or under any Account ID will be deemed to have been lawfully completed by You. In connection with establishing an Account, You may be asked to submit certain information about Yourself (“Registration Information”). You agree that: (1) all Registration Information You provide will be true and complete; and (2) You will maintain and promptly update Your Registration Information to keep it accurate and current.
END USER LICENSES
Your License to the Platform. Subject to Your compliance with this Agreement, Tiny Opera House will permit You to access and use the Platform solely for lawful purposes and only in accordance with the terms of this Agreement and any other agreement You may have entered into with Tiny Opera House (the “Platform License”).
Your License to the Content. Unless otherwise noted on the Platform, all content, data, or other information provided through the Platform made by Tiny Opera House (collectively “Content”) is owned by Tiny Opera House. By accepting this Agreement, Tiny Opera House grants to You a non-exclusive, non-transferable, and revocable license to use the Platform and Content only for the purposes for which Tiny Opera House has provided the Platform to You (“Platform License”). You may not, in whole or in part, copy, modify, delete, add to, remove, publish, transmit, augment, transfer, create derivative works, sell, or participate in the sale or transfer of the Platform, or in any other way exploit any of the Content, software, products, or services contained in the Platform without the prior written consent from Tiny Opera House.
Our License to Third-Party Content. Certain content may include or be based on data, information, or content provided by You or other independent third-party content providers. By using the Services, You may provide Tiny Opera House with content You post including, without limitation, videos, photographs, data, and biographies which, when provided, become “Third-Party Content.” You hereby grant Tiny Opera House a non-exclusive, perpetual, irrevocable, transferrable license to the Third-Party Content You provide. This license includes, without limitation, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including but not limited to, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights. You represent and warrant that You own any Third-Party Content You provide or You otherwise have the right to grant the rights and licenses for the Third-Party Content. You are solely responsible for verifying the accuracy, completeness, and applicability of all such Third-Party Content, and for Your use of any such Third-Party Content. Tiny Opera House has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Third-Party Content provided through the Platform. Except as set forth in the Platform License, You are granted no licenses or rights in or to any Content or Third-Party Content. If You would like to use the Content in a manner not permitted by this Agreement, please contact Tiny Opera House.
Payment for Services. The Services are licensed on a subscription basis to the User that pays for the Service. Please review all of the details of the subscription that You purchase; some subscriptions provide access to different levels of Services.
Subscription Cancellation. You may notify us if he or she wants to cancel the subscription prior the beginning of the new subscription period. In the event that Tiny Opera House is unable to charge a User’s chosen payment method, we may terminate this Agreement and access to the Services immediately, without notice. If You stop using the Services, then Tiny Opera House has fulfilled Your subscription term. Fees for the Services are not eligible for any proration of unused subscriptions or refunds, even if access to the Services is cancelled or terminated. After Your access to the Services is terminated, You may no longer have access to any of the data or Content in the Services. We suggest You retain Your own copies of any data or Content that You may need as Tiny Opera House is not responsible for providing You with access to Your Content or the Services after any cancellation or termination of this Agreement.
DATA COLLECTION AND USE
Public Content. You may have the opportunity to share Your data, content, or ways in which You aggregate data (“Account Content”) with other users, other Tiny Opera House customers, and other third parties. When sharing any Account Content, You agree not to share any confidential information. If You have the option of accessing another user’s Account content, You understand and agree that the Account Content is being provided by the user, and not Tiny Opera House, for information and guidance purposes only, and Tiny Opera House and such user are not responsible in any way for Your use of the Account Content.
Data Compilations and Aggregation. You give Tiny Opera House permission to combine identifiable and non-identifiable information You enter or upload to the Services with that of other users of the Services and/or other Tiny Opera House services. For example, this means that Tiny Opera House may use Your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions and provide ways for You to compare business practices with other users.
International Storage. Tiny Opera House may access or store personal information in multiple countries, including countries outside of Your own country to the extent permitted by applicable law.
Tiny Opera House may monitor Your content. Tiny Opera House may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect Tiny Opera House or its customers, or operate the Services properly. Tiny Opera House, in its sole discretion, may refuse to post, remove, or refuse to remove, any content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
We may tell you about other Tiny Opera House services. You may be offered other services, products, or promotions by Tiny Opera House (“Promotions”). Additional terms and conditions and fees may apply. With some Tiny Opera House Services You may upload or enter data from Your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant Tiny Opera House permission to use information about Your business and experience to help us to provide the Promotions to You and to enhance the Services. You grant Tiny Opera House permission to combine Your business data, if any, with that of others in a way that does not identify You or any individual personally. You also grant Tiny Opera House permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
Communications Required by Law. Tiny Opera House may be required by law to send You communications about the Services or third party products. You agree that Tiny Opera House may send these communications to You via email or by posting them on our Services.
Telephone numbers. You may provide us with Your telephone number as part of Your customer record or registration or via other methods. You understand and agree that Tiny Opera House may use Your telephone number for “multi-factor authentication” (“MFA”), to confirm Your identity and help protect the security of Your account. Part of the MFA identity verification process may involve Tiny Opera House sending text messages containing security codes to Your telephone number. You agree to receive these texts from Tiny Opera House containing security codes as part of the MFA process. In addition, You agree that Tiny Opera House may send automated text messages and pre-recorded voice messages to the telephone number You provide for other limited purposes, including: providing You with important critical notices regarding Your use of the Services, or fulfilling a request made by You through the Services.
NO FINANCIAL, BUSINESS, OR TAX ADVICE
Generally. Tiny Opera House does not give professional advice. Unless specifically included with the Services, Tiny Opera House is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when You need this type of assistance.
Not a Financial Planner, Broker, Legal or Tax Advisor. Tiny Opera House and its Services is intended only to assist You in Your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information obtained by using the Services may not be appropriate for Your situation. Accordingly, before making any final decisions or implementing any financial strategy, You should obtain additional information and specific advice from Your accountant or other financial advisers who are fully aware of Your individual circumstance.
Estimated Taxes. Tiny Opera House may assist You with estimating taxes You may owe. You acknowledge that any estimate derived from the Service may not be a sufficient amount. You are responsible for verifying the status of Your tax payments.
Tiny Opera House reserves the right to investigate, terminate, change, suspend, or discontinue the Services at its sole discretion, including without limitation, the availability of any feature, database, or Content as described below, or Your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with Your use of the Service and related content. Users may also terminate this Agreement at any time. However, any obligations and liabilities made by Customer prior to termination of this Agreement shall be strictly enforced.
WARRANTIES AND DISCLAIMERS
You represent and warrant that:
• You have the legal right and authority to enter into this Agreement;
• You have the legal right and authority to perform its obligations under this Agreement and to grant the rights and licenses described in this Agreement.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TINY OPERA HOUSE EXPRESSLY DISCLAIMS, AND YOU DISCLAIM ANY RELIANCE ON, ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TINY OPERA HOUSE WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.
LIMITATION ON LIABILITY
TINY OPERA HOUSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE PLATFORM, CONTENT, OR SERVICES, EVEN IF TINY OPERA HOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF SUBMISSIONS, OPPORTUNITY, REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. TINY OPERA HOUSE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT AND ALL SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICES OR $2,000, WHICHEVER IS GREATER. YOU AGREE THAT TINY OPERA HOUSE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, TINY OPERA HOUSE’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INTEGRATION WITH THIRD-PARTY SERVICES
Before using any third party integrations, You are encouraged to review the terms on the basis of which the relevant third party provides its product or service that is subject of the integration; and to review personal and technical security of the product or service that is subject of the integration. Tiny Opera House shall rely on the fact that the You have reviewed that material.
Tiny Opera House shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the third party integrations. Tiny Opera House has no control over such third parties and is not responsible for the content of their services. Tiny Opera House provides You with third party integrations only for Your convenience. This does not imply any endorsement or any association with such third parties. Tiny Opera House does not warrant the use of the third party integrations will be uninterrupted or error free. Any concern regarding the third party services should be directed to the responsible third party.
By using any of third party integrations, You agree that Tiny Opera House may allow the providers of those third-party applications access to Your data as required for the interoperation of such third-party applications with our Services. Tiny Opera House shall not be responsible for any disclosure, modification or deletion of Your data resulting from any such access by third-party application providers.
By using any of third party integrations, Customer acknowledges and agrees that
(i) Tiny Opera House may transfer said data to the providers of those third-party applications;
(ii) You have obtained the respective rights and/or consents to process the data of their respective clients for the purpose of using third party integrations; and
(iii) Tiny Opera House shall not be held liable to and shall not accept any liability, obligation or responsibility whatsoever for any loss or damage in connection with the data Tiny Opera House provides to such third parties.
CUSTOMER ACCEPTS AND UNDERSTANDS THIS RISK AND WAIVE ALL RIGHTS TO HOLD HOLDINGS RESPONSIBLE IN ANY WAY, FINANCIALLY OR OTHERWISE, FOR THIRD PARTY ERRORS AND RESULTS.
You agree to defend, indemnify, and hold harmless Tiny Opera House, their respective officers, directors, agents, and employees from and against any actions, claims, lawsuits, and causes of action, whether or not involving a third party, collectively defined as “Claims”, and all damages, awards, penalties, liabilities, costs, and expenses, including reasonable attorney’s fees arising out of this Agreement or Your use of the services. These Claims may related to, but are not limited to: (a) any Content submitted or posted by You, in connection with the Services, or any use of the Services in violation of this Agreement; (b) fraud You commit or Your intentional misconduct or gross negligence; or (c) Your violation of any applicable law or rights of a third-party. Tiny Opera House may select and retain counsel to represent it at Your own expense. Without limitation, reasonable attorney’s fees and costs shall include attorney’s fees and costs required to enforce this indemnification provision. You shall promptly notify Tiny Opera House of any claim or intended suit against Tiny Opera House.
DMCA INFRINGEMENT NOTICES
Tiny Opera House respects Your copyrights and other intellectual property rights, as well as those of third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Platform without Your authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by email at:
Please provide the following information to Tiny Opera House’s Copyright Infringement Agent:
• The identity of the infringed work, and of the allegedly infringing work;
• Your name, address, daytime phone number, and email address (if an email is available
• a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law;
• a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and
• Your electronic or physical signature.
For any and all dispute You may have with Tiny Opera House, You agree to first contact Tiny Opera House and attempt to resolve the dispute informally. In the unlikely event that Tiny Opera House has not been able to resolve a dispute within 30 days, You and Tiny Opera House each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) in connection with the Services, including breach or alleged breach of this Agreement and other “Claims”, by binding arbitration.
Unless You and Tiny Opera House decide otherwise, arbitration will be conducted in San Diego, California. Each party will be responsible for paying its own equally proportionate share of any filing, administrative, and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service.
TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS THE PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TINY OPERA HOUSE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION
Tiny Opera House shall be excused from performance under this Agreement, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God; (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to major computer hardware or networks or software failures; or (g) other causes beyond the reasonable control of Tiny Opera House.
If any portion of this Agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms will remain valid and enforceable. Upon such determination that any term is invalid, illegal, or incapable of being enforced, You shall negotiate in good faith with Tiny Opera House to modify this Agreement to affect the original intent of the drafters as closely as possible to the fullest extent permitted by applicable law.
This Agreement is governed by the laws of the State of California, without regard to any conflict of laws rules or principles. Tiny Opera House’s failure to enforce any right or provision of this Agreement shall not be considered a waiver of those rights.
QUESTIONS AND CONTACT INFORMATION
Please contact Tiny Opera House if You have any questions about this Agreement at: firstname.lastname@example.org.
This Agreement is the complete and exclusive agreement between You and Tiny Opera House regarding Your access to and use of the Services. This Agreement supersedes any prior agreement or proposal, oral or written, and any other communications between You and Tiny Opera House relating to Your use of the Services (except for other agreements You may have or will enter with Tiny Opera House for additional VIP services). In the event of any conflict between the terms of any such agreement and this Agreement, then the terms of this Agreement shall control.