Terms & conditions

Introduction

www.livingclassic.com
Terms & Conditions
Effective date: September 2011

www.livingclassic.com is an online community that provides a space for music artists, students, music accademies to meet and share audio/video, events, music sheets, arrangements, accompaignements and other music products.

www.livingclassic.com has been created to provide professional artists, teachers, events organizers a new, easy to use space to promote themselves and meet new fans.

By using www.livingclassic.com you accept and agree the following terms and conditions and - where applicable - under low, these Terms and Conditions constitute a “written agreement”

Glossary

  • www.livingclassic.com: Living Classic AG, ℅ Fabio Velardi - Rütihofstrasse 67, CH-8049 Zürich
  • Members:
    • Visitor: a not logged in User
    • Registered Users: Users that have opened and account at www.livingclassic.com
    • Authorized products uploader: Users that have opened an account at www.livingclassic.com and are authorized to sell products
    • Customer: a Member that purchases products from www.livingclassic.com.
  • Products: any item that is downloadable, either with a price or not.
  • Free Products: items that can be downloaded for free
  • Profile page: Profile page of a registered User
  • Download Fee: price to be paid to download a product
  • Protected Products: Items protected by rights
  • Unprotected Products: Items not protected by rights
  • Earned fees: Fees earned by an Authorized products uploader
  • Commission: commisions that www.livingclassic.com earns for each downloaded product
  • Content: actions, data, text, personal information, images, audio, video, links, products

Changes to the www.livingclassic.com Terms and Conditions

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will place the changes to these Terms of Conditions on this page and we will send registered users an email notifying them of the change.

If you do not agree to any update to these terms and conditions, you should stop using www.livingclassic.com. You can terminate your account by instructing us via email at admin@livingclassic.com. If you continue using www.livingclassic.com following any changes of the terms and conditions or this agreement or after receiving notification of any changes to these terms and condition, this will constitute your acceptance of such changes.

Field of Application

This Terms & Conditions apply to the relationship between www.livingclassic.com, its customers and its members unless www.livingclassic.com has different agreements with single customers or single members.

Registration

In order to register at www.livingclassic.com users must be over the age of 13 (If between the ages of 13-18 you must have permission from your parent or guardian to register on the site). By registering on www.livingclassic.com you agree that you are 13 or older and that you are able to understand these Terms and Conditions and to be bound by this Agreement. You agree that any information you provide is true and accurate in order to become a member (“Member”).
Members are requested to provide first and last name. www.livingclassic.com reserves the right to decline any request for a first and last name if considered to be offensive, protected by copyright, trademark or proprietary rights by law, or in any way inappropriate.
Members also agree to not copy, deface, reproduce, or otherwise place content on any pages that reside on the www.livingclassic.com server. You agree you will not use www.livingclassic.com for any illegal or unauthorized purpose. You are solely responsible for your behaviour, actions, data, text, personal information, images, audio, video, links and any other content (”Content”) that you upload or otherwise submit or display on www.livingclassic.com.
www.livingclassic.com reserves the right to remove any Content deemed illegal, offensive, threatening, infringes trademarks, infringes copyright, compromises intellectual property rights, or does not comply with these Terms and Conditions without prior notice to the Member. Under no circumstances does www.livingclassic.com have any obligation to monitor any Member’s usage, content, accuracy or truthfulness or the information provided by Members.

Conditions of use

Members agree to abide by all applicable local, national and international laws and regulations and are solely responsible for all content submitted or acts that arise under your account made by you through www.livingclassic.com. By way of example, but without any limitation, you agree that you will NOT:

  • Post, distribute, or disseminate defamatory, obscene, or other unlawful material or information or any material or information that in any infringes any intellectual property rights of whatever nature.
  • Harass, abuse, stalk, threaten, defame or in any way violate any rights of privacy and/or publicity
  • Collect or use contact details, personal information or any other information found within a Member’s profile for any purpose other than establishing contact in a manner that is reasonably to be expected by such other Members.
  • Upload content to which you do not own all copyrights, trademarks or intellectual property.
  • Post, transmit or otherwise distribute software, viruses, bots, and computer code, for any reason.
  • Do anything that has or may have a detrimental effect on the secure and proper running of www.livingclassic.com or on any computer or server belonging to any Member.
  • Use www.livingclassic.com for any unlawful reason.
  • Attempt to gain unlawful access to www.livingclassic.com’s networks, computer systems, Member’s information, through any means including but not restricted to password mining.
  • Scrape, collect or re-use any information from any pages that sit on the www.livingclassic.com servers without lawful authority from the owner or owners of such information.
  • Create misrepresenting, false or in any way misleading Member’s profiles including, without limitation, profiles for www.livingclassic.com employees.
  • Post, distribute, or disseminate pornographic content.
  • Post, distribute, or disseminate any expression of bigotry, racism, homophobia, hatred, foul language or profanity.

Proprietary Rights

www.livingclassic.com does not claim any ownership rights in any content that members upload, post, or provide through www.livingclassic.com and members still retain all rights to use the Content in any lawful way they desire. In order for www.livingclassic.com to provide members with a reliable and trustworthy service, members hereby agree to give www.livingclassic.com the rights to use, alter, publically display, publically perform, distribute, reproduce and modify all supplied content. If www.livingclassic.com does not have these rights to use, it would not be possible to display the content supplied, or compress any video or audio content that is provided.
These rights of use are cancelled once members terminate their account. It is possible to terminate an accout at any time by instructing us via email at admin@livingclassic.com

www.livingclassic.com owns all rights of the www.livingclassic.com website and www.livingclassic.com services, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. This includes, without limitation, all Design, text, software and graphics displayed on www.livingclassic.com and related services.
Members can not reproduce, copy, amend, publically perform, publically display or sell any of www.livingclassic.com’s information over which www.livingclassic.com has intellectual property rights without written confirmation.

Cancellation and refunds

You may cancel your access to www.livingclassic.com at any time. Authorized products uploader may request the payoff of their balance immediately.
We suggest to download from the menu “my downloads” to a local hard drive any purchased product before requesting the cancellation of the account at admin@livingclassic.com

Product sales and purchases Terms and Conditions

Only Authorized products uploaders can sell products through www.livingclassic.com. In order to become an Authorized products uploaders and sell products, Members must accept the Terms & Conditions and own the rights to the products in question, this includes but is without limitation to the composition, lyrics, etc or be authorized by the publishing house. No fix monthly costs are charged to the Authorized products uploaders. Authorized products uploaders should be contractually capable under their national low and if not, be legally represented.

Authorized products uploaders
  • will choose to offer the products as free download or set a download price. In the case a Download price for Digitized Copies is set, Authorized products uploaders have to be authorized by the publishing house, if the source was not published more than 50 years ago. The minimum download price is 1’00 USD.
  • will be able to check the Report “My Sales Report” which contains an overview of the items sold and the total of the earned fees.
  • authorize www.livingclassic.com to collect the price payed by the customers.
  • are solely responsible to pay any value added or income taxes on the earned fees.
  • will decide to either make the item available for free or to set a minimum price of 1’00 USD
  • authorize www.livingclassic.com to promote, advertise and publish the uploaded products
www.livingclassic.com
  • will chanrge NO fix costs to Authorized products uploaders.
  • will take a commission of 30% of the price payed by any customer whenever a product is downloaded
  • can proceed with the payoff of the profit to either a bank account or a paypal account as soon as the balance has reached a minimum level of 30.- USD. Money Transfer fees, in case of payoffs to a bank account, will be charged to the Authorized products uploader.
  • may remove the “Authorized products uploaders” status from an account in case of infringement of lows or copyrights
  • May request to update the information provided during the registration

In order to avoid illegal uploads and to complies with the Swiss anti money laundering rules, Authorized products uploaders will be requested to confirm their detailed address.

Products

www.livingclassic.com has the right to reject, and/or delete any content posted for any or no reason, particularly in case the content might be offensive, illegal or violates the rights of any person or entity. In any case, www.livingclassic.com assumes no responsibility for the content uploaded by the Authorized products uploaders and no responsability for their conducts.
Authorized products uploaders grant to www.livingclassic.com the right to publish, to distribute the uploaded content (products) or parts of it and to use it for advertising purposes.

Uploaded products can be edited or removed from the system only by the administrator. Authorized products uploaders can request modification or removal of their uploaded products at the following email address products@livingclassic.com

Release from Third Party Claims

Authorized products uploaders are solely responsible to examine whether or not uploaded products are protected by any rights before the upload. Authorized products uploaders agree to comply with the copyrights lows and accept full responsibility for the payment of any fees due to third parties in relation to any uploaded products. Authorized products uploaders agree to indemnify, defend and hold www.livingclassic.com, its subsidiaries, officers, agents and employees harmless from any and all damages and costs, including, but not limited to, legal fees, arising out of or related to uploaded products, including infringement of proprietary laws. Authorized products uploaders also agree to immediately, accurately and completely provide all information that may be useful or necessary for the inquiry of and defense against claims by third parties.

Invoices

www.livingclassic.com will notify Authorized products uploaders by mail for any received payment/cashed price and send an invoice to Authorized products uploaders in pdf format for the commissions on a monthly basis. Authorized products uploaders also agree to send invoice to any customer upon request. For this purpose, www.livingclassic.com will provide customers information to any Authorized products uploaders. The use of customer informations for commercial/marketing purposes is prohibited.

General

Authorized users that want to terminate their agreement with www.livingclassic.com, can request at any time the payoff of their account balance. (Payoff commissions will apply - see above)

Menus

Download, All, Upload and sell, My Downlaods, My Sales Report

  • All: List of all downloadable items
  • Upload and sell: Upload forms for arrangements, reductions, mp3, reductions, cd and accompaignments
  • My Downloads: list of downloaded items (for free and not for free)
  • My Sales Report: list of items products downloaded by customers

Liability

Your use of www.livingclassic.com is at your own risk. Under no circumstances will www.livingclassic.com, or any affiliates, managers or employees of www.livingclassic.com be liable for any direct or indirect, coincidental or special damages or losses that you incur. These include, but are not limited to, direct or indirect, coincidental or special damages or losses incurred as a result of your or any other person’s use of www.livingclassic.com, or any disturbance, delay or execution in service (including damages incurred by third parties).

www.livingclassic.com shall not be held liable or responsible for

  • negligence
  • direct or indirect damages
  • loss of profit, loss of earnings or loss of data
  • any legal infringements committed by its customers or Authorized products uploaders.

www.livingclassic.com cannot garantuee that

  • Authorized products uploaders or customers will not infringe or violate any lows or regulations
  • authorized users have the rights to upload a products protected by copyright
  • free products uploaded by Authorized products uploaders are public domain
  • a 100% and uninterrupted availability and functionality of the website.

Any infringement or law violation can be reported to www.livingclassic.com by using the contact form.

Termination

www.livingclassic.com may terminate any membership, delete profiles and content or information posted on the site at any time in its sole discretion, with or without notice.

Miscellaneous

Data Protection

www.livingclassic.com will manage any personal information provided by members based on its privacy policy. read here

Applicable Law

Swiss law governs exclusively the relationship between www.livingclassic.com, members, customers and Authorized products uploaders.

Place of Jurisdiction

The place of Jurisdiction for all disputes shall be Zürich, Switzerland.

Updates

www.livingclassic.com reservers the right to update the Terms and Conditions.