Bach Cantatas Website - Terms of Use

Introduction

Welcome to the Bach Cantatas Website – an online resource covering all aspects of J.S. Bach's cantatas and other of his vocal and instrumental works - available through our website at www.bach-cantatas.com and any other related domain names (the “Website”). The Website and its services will be jointly referred to as the “Service” or the “Services”.

The Service is owned and operated by Mr. Aryeh Oron and others on his behalf (the "Operator/s", "we", "us" or "our"). Please carefully read the following terms and conditions (the "Terms" or the "Terms of Use"). By using or accessing the Service, or by registering as a user for any part of the Service, you agree to be bound by the Terms. If you do not agree with the Terms, you may not use the Service in any way.

These Terms apply to the use of the Service and any content included therein by every computer or other communication means (like cellular phones, tablets, etc.). These Terms further apply to the use of the Service via the Internet network or any other communication networks.

Use of the Service may be subject to additional terms and conditions, such as the agreements governing your use of the Yahoo! Groups service. You bear the sole and exclusive responsibility to comply with any such additionally applicable terms and conditions.

About the Service in a nutshell

The Website serves as a comprehensive online resource, covering all aspects of J.S. Bach's cantatas and his other vocal works and many of his instrumental works.

The Website contains – for most works: detailed discographies, discussions, texts and translations, scores, commentaries, references and music examples; performers of Bach’s works: their biographies and Bach discographies; poets & composers associated with Bach: their biographies and Bach connection; other resources: the Lutheran church year, chorale texts & melodies, books and movies on Bach, concerts, Bach festivals, guide to Bach tour and more. The Website is an international collective project.

Any communications that you make with other users of the Service are made strictly between you and such users. The Operator is not a party and does not assume any responsibility or liability with respect to such communications.

Use of the Service requires an online (Wi-Fi, cellular data, broadband) connection between your PC / mobile device and the Internet. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider.

License

Subject to these Terms, we hereby grant you a limited, revocable, non-exclusive, personal, non-sub-licensable, non-transferable, non-assignable right and license, until the termination or expiration of these Terms or the termination of your Service account, to use the Service through the Website in accordance with these Terms.

Acceptable use of the Service

The following clauses define the acceptable use of the Service. Subject to the Terms, you may access, use and upload content to the Service’s discussion groups (or other sections of the Service that allow it) and use services and features provided through the Service.

The Service, and any content provided therein, is intended for educational, study and research purposes only. You may not use the Service for commercial purposes. You agree not to use the Services for such purposes without our prior explicit written consent.

You agree to abide by all applicable local and international laws, regulations, rules and any usage guidelines that we may convey from time to time. You further agree that you are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf.
When using the Service, you agree to refrain from willfully, or negligently -

• Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service and any part thereof;
• Interfering with, burdening or disrupting the functionality of the Service;
• Breaching the security of the Service or identifying any security vulnerabilities in it;
• Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
• Sending automated or machine generated queries;
• Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service's functionality;
• Displaying content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
• Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity;
• Collecting, harvesting, obtaining or processing personal information regarding the Service’s users;
• Abusing, harassing, threatening, impersonating or intimidating other users;
• Linking to the Service from web pages that contain pornographic content or content that encourages racism or wrongful discrimination;
• Violating any applicable local, state, national or international law, statute, ordinance, rule or regulation.
• Posting, disseminating, transmitting or otherwise communicating through, or to the Service, or making available on the Service, or when using the Service, content which may reasonably be deemed as -

YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT THAT YOU UPLOAD, POST, PUBLISH, DISSEMINATE OR OTHERWISE MAKE AVAILABLE THROUGH THE SERVICE AND FOR THE CONSEQUENCES ASSOCIATED WITH DOING SO. WE MAY NOT ALWAYS EXAMINE, APPROVE OR DISQUALIFY CONTENT THAT YOU HAVE UPLOADED, POSTED, PUBLISHED, DISSEMINATED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, BUT WE RESERVE THE RIGHT TO DO SO, AT OUR FULL DISCRETION.

We encourage free speech and open discussion on the Service (i.e. through our discussion groups or other sections of the Service that allow it). You may find some of the content posted by other users to be inaccurate, unhelpful, objectionable, annoying, improper, unlawful or immoral. You should always bear in mind that such content mostly originates from other users. We do not endorse any user content and its publication does not attest to our acceptance of it. We do not guarantee and make no representation or judgment about such content’s accuracy, adequacy, completeness, credibility, authenticity, validity, integrity or legality. You hereby release and agree to hold harmless the Operator, its sub-contractors, successors, advisors, consultants, assignees and any other party on its behalf, from any and all causes of action and claims of any nature resulting from your and other users' activities and communications on and through the Service.

The Operator may, but is under no duty to, review content that was uploaded to the Service and remove, block access or use of such content, or refuse to upload it to the Service, for any reason thathe Operator may consider to be justified at its sole discretion, including but not limited to the following reasons:

(1) To prevent misuse of the Service;

(2) If the Operator deems the content to be in breach of the Terms, or an infringement of any applicable law;

(3) If your user account is terminated, either by yourself or by the Operator;

(4) If the uploaded content is allegedly infringing upon a third party's rights;

The Operator does not warrant or guarantee that any content that you wish to upload to the Service will be uploaded or that the Operator will make such content available indefinitely. When you remove content from your account or when you terminate your account, it is no longer available to you. However, a copy of the removed content may persist and be used by the Operator for back-up and other administrative purposes.

Unless otherwise indicated, the content you post to the Service will be available to all Internet users. Please exercise caution and common sense when submitting personal details or any other sensitive or confidential information.

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE SERVICE. WE MAY SUSPEND OR TERMINATE YOUR ACCOUNT, OR BLOCK YOUR ACCESS TO AND USE OF THE SERVICE, WITHOUT PRIOR NOTICE AND AT OUR SOLE DISCRETION, IF WE BELIEVE THAT YOU ARE USING THE SERVICE FRAUDULENTLY OR ABUSIVELY.

Age restriction

Use of the Website’s Services that require registration is intended and permitted for persons of 18 years of age or older. By using, accessing or registering with the Service, or any part thereof, you hereby declare that you are of 18 years of age or older. If you are under the age of 18 you may not register to any of Services.

We reserve the right to terminate an account, if we find a user is less than the minimum age. We may request additional information to confirm your age at any time. Any user found to be under the minimum age will have their account terminated.

Registration and user account

The Website serves all Internet users. However, some Services, such as the Website’s discussion groups, are available to registered users only. When you register with the Service we may ask you to provide us with certain contact and personal details, such as your name and an active e-mail address and to enter a username and password. You must submit only true, accurate and complete details. Bear in mind that false, incorrect or outdated information may prevent you from registering and impair our ability to provide you with our Services and contact you.

You may terminate your account at any time. You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details in the course of the registration process, and for any use or misuse of your account on the Service.

We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite data in these fields, you will not be able to register with the Service. We will only use your personal information in accordance with our Privacy Policy which is incorporated by reference to these Terms.

If you use a username and password to log-in to the Service, you agree to maintain your username and password in absolute confidentiality and refrain from disclosing them to others. Make sure that you change your password frequently and at least once every six months. You are prohibited from selling or transferring your account in any way, to another user, entity or any third party.

We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service, or when you submit requests related to your account on the Service. If you fail to provide us the requested information, we reserve the right to suspend or terminate your account, pursuant to these Terms.

Account termination

In addition to any remedies that may be available to us under any applicable law, we may temporarily or permanently deny, limit, suspend, or terminate your user account, prohibit you from accessing the Service, remove content that you uploaded to the Service and take technical and legal measures to keep you off the Service, if the Operator determines, at its sole discretion that -

(1) You have abused your rights to use the Service; or,

(2) You have breached the Terms; or,

(3) You have performed any act or omission that violates any applicable law, rules, or regulations; or,

(4) You have performed any act or omission which is harmful or likely to be harmful to the Operator, or any other third party, including other users and providers of the Service; or,

(5) You used of the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such an act; or,

(6) You have abandoned your account for more than six (6) months since your last use of the Service; or,

(7) You deliberately submitted false information or have failed to comply with our reasonable requests for information regarding your identity; or,

(8) You conveyed your password or Service account details to another person or entity.

Upon termination of these Terms or your account, for any reason -

1. Your right to use the Service is terminated and you must immediately cease using the Service; and,
2. We reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; and,
3. We will not be liable to you or any third party for termination of access to the Service or for deletion of your information or account data.

The following sections shall survive any termination, or expiration of the Terms: Account termination, Privacy, Intellectual property, Limitation of liability, Indemnification, Governing Law & Jurisdiction, General.

Privacy

We respect your privacy. Our Privacy Policy explains the privacy practices on the Service and is incorporated by reference to these Terms.

Newsletters

We may offer certain information through newsletters we will transmit to you using the contact details you provided us. We will determine the content, lay-out, availability, frequency and duration of such newsletters. The newsletters may contain marketing material and advertisements. At all times, you may ask us to stop sending you further newsletters. Your request will be processed within reasonable time. We may decide, in our sole discretion, to discontinue this Service, or any part thereof, temporarily or permanently, to certain subscribers, or altogether.

Links and commercial information

The Operator may incorporate in the Service advertisements and/or information of commercial nature. The source of such information may originate from the Operator or from third parties. If such information originates from third parties, the Operator cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Operator does not constitute a recommendation or encouragement to procure the goods or services advertised. The Operator may allow advertisers to use the Service to conduct surveys and/or approach the Service’s users with questions of commercial nature.

The Service may contain links to content published on other websites or external sources, provided by third parties. We do not operate, or monitor these websites and content. You may find them or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or source, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.

Intellectual property

All rights, title and interest in and to the Service (except for content which is in the public domain, or as provided below - with respect to users' and third parties' content), incl, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Operator.

Unless otherwise expressly permitted in the Terms or the relevant section of the Service, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of any of the content on the Service, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from the Operator.

You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to the trademarks, services marks and logos of the Operator and other providers of the Service. You must refrain from any action or omission which may dilute, or tarnish our goodwill.

We do not claim ownership over content that you upload, post, publish, disseminate or otherwise make available through the service. When you use the service to do this, you represent and warrant to us that -

• You are the rightful owner of all rights to such content or are lawfully licensed by all the rightful owners to upload, post, publish, disseminate or otherwise make available such content on the service;
• You are lawfully entitled to grant us the licenses in and to such content, as contemplated by these Terms;
• Using the content, uploading, posting, publishing, disseminating or otherwise making it available through the service does not infringe on any rights of third parties, including intellectual property rights, privacy rights and publicity rights.

By uploading content to the Service, you grant the Operator a royalty-free, worldwide, non-exclusive, perpetual and irrevocable license, to copy, distribute, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, sub-license, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with or incorporate into other content, modify and create derivative works on the Service, and in other communication and information networks, platforms, applications and services. You further waive all rights of attribution with respect to the use of your content. In certain cases, other terms may apply, such as CC licenses. In such cases, the terms of such license will be clearly indicated adjacent to the relevant work or content.

Requests to remove content from the Service

We respect the intellectual property rights of others. Any requests to remove copyright infringing content from the Service, or counter requests to re-post content, on grounds of mistake or misidentification of the content, must be made in accordance with our Copyright Policy. After receiving a request to remove or re-post content on the Service, We may act as we deem fit, in accordance with the applicable law.

Changes in the Service and discontinuation

We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, at our sole discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us for any of these releases or the lack thereof.

We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service. Such changes, by their nature, may cause inconvenience or even malfunctions.

YOU AGREE AND ACKNOWLEDGE THAT WE DO NOT ASSUME ANY RESPONSIBILITY WITH RESPECT TO, OR IN CONNECTION WITH THE INTRODUCTION OF SUCH CHANGES OR FROM ANY MALFUNCTIONS OR FAILURES THAT MAY RESULT THEREFROM.

We may, at any time, at our sole discretion, discontinue or terminate the operation of the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you. We may also suspend the provision of the Service, in whole or in part, for all users, or for certain users, for periodic maintenance or similar purposes, without any liability to you.

Service availability and support

The availability and functionality of the Service depends on various factors and elements, including software, hardware and communication networks that are partially provided by third parties. These factors are not fault free. The Operator does not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access or error free.

We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our staff in any matter related to our provision of technical support, or for the lack thereof.

Amendments to the Terms

From time to time, we may change the Terms. Substantial changes will take effect 30 days after the Operator has posted an initial notification on the Service’s homepage or on any other relevant page on the Service, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Service, unless we amend the Terms to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required.

You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto. Continuing to use the Service will indicate your acceptance of the amended Terms. If you do not agree with any of the amended Terms, then you must refrain from any further use of the Service.

DISCLAIMER OF WARRANTY

THE OPERATOR PROVIDES THE SERVICE AND CONTENT INCLUDED THEREIN FOR USE ON AN “AS IS” AND “AS AVAILABLE” BASIS. They cannot be customized to fulfill the needs of each and every user. WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY. WE do not warrant that THE SERVICE will operate in an UNINTERRUPTED or error-free manner, OR THAT IT WILL ALWAYS BE AVAILABLE or free from all HARMFUL components. YOU AGREE AND ACKNOWLEDGE THAT THE Use of THE SERVICE is ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, at your own risk.

LIMITATION OF LIABILITY

THE OPERATOR, INCLUDING ITS SUB-CONTRACTORS, SUCCESSORS, ADVISORS, CONSULTANTS, ASSIGNEES AND ANY OTHER PARTY ON ITS BEHALF WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ANY OF THE SERVICES THEREIN, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON ITS BEHALF, OR FROM ANY COMMUNICATION WITH THE SERVICE, OR WITH OTHER USERS ON OR THROUGH THE SERVICE, OR FROM ANY DENIAL OR CANCELLATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE. IN ANY EVENT, YOUR SOLE REMEDY WILL BE LIMITED TO CORRECTING SUCH ERRORS, OR MALFUNCTIONS, IN ACCORDANCE WITH THE RELEVANT CIRCUMSTANCES.

Indemnification

You agree to indemnify, defend hold harmless The Operator, its sub-contractors, successors, advisors, consultants, assignees and anyone acting on their behalf, at your own expense and immediately after receiving written notice from the Operator, from and against any damages, loss, costs, expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from or related to your breach of the Terms, or any other terms, rules or regulations applicable to the Service, or your violation, or infringement of other persons’ rights.

Governing Law, jurisdiction

These Terms shall be governed solely by the laws of the State of Israel without regard to its conflict of law provisions.

The competent courts in the City of Tel-Aviv-Jaffa, Israel, shall have sole jurisdiction over any claim in connection with the Website, the Services and in respect of any matter relating to the validity, applicability, performance or interpretation of these Terms. You agree to the jurisdiction of the above mentioned courts, agree to accept service of process by mail, or by electronic mail, and hereby waive any jurisdictional, conflict of law or venue defenses otherwise available to you.

General

No waiver, concession, extension, representation, alteration, addition or derogation from the Terms by the Operator, or pursuant to the Terms, will be effective unless consented to explicitly and executed in writing by the Operator's authorized representative. Failure on the Operator's part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.

Changes in Ownership

The Operator may incorporate the Service as a separate legal entity or transfer ownerships rights and title in the Service to a third party, provided that your rights according to the Terms are not compromised by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the corporation receiving the rights in the Service and you hereby give your prior consent thereto.

No Assignment

Your rights and obligations under the Terms are not assignable. Any attempted or actual assignment thereof by you will be null and void without the Operator's prior explicit consent in writing.

Interpretation

The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms. "Including", whether capitalized or not, means without limitation.

Severability

If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law, and the remaining provisions of the Terms shall continue to remain in full force and effect.

Contact Us

At any time, you may contact us with any question, claim or complaint that you may have with respect to the Service, at: The Bach Cantatas Website

Aryeh Oron),
9 Homa Umigdal St.
Herzeliya 45451
ISRAEL

E-Mail address: oron-a@inter.net.il

For example, if you are of the opinion that you were not awarded proper credit with regard to any content you contributed to the Website, or if you believe that the credit awarded to you is inaccurate, don’t hesitate to contact us through our contact details above.

Incorporated documents

The following documents, forms and policies are incorporated by reference to the Terms of Use and are part of the Terms. Whenever expressing your consent to the Terms you also acknowledge your consent to these documents, as well:
Copyright Policy
Privacy Policy

Last updated: May 3, 2015