Terms and Conditions

General Terms and Conditions of HomepageVentures Limited and its Affiliated Sites

1. This CMH website (‘the CMH Site’) is owned and operated by HomepageVentures Limited (‘HVL’) These general terms and conditions apply to the several community sites operated by HVL, its subsidiary and affiliate companies (collectively called ‘the Sites’) ClassicalMusicHomepage Limited is a subsidiary of Homepage Ventures Limited. The CMH Site is operated by HVL.

2. These general terms and conditions are supplemented by other terms and conditions of HVL, the Sites and of 3rd Party sites, to which HVL provides links, which are applicable to the sale, purchase or delivery of particular products and services or to the use of information or of any particular web-site (collectively called ‘Terms and Conditions’).

3. Access to the CMH Site is subject to the Terms and Conditions. The user’s attention is drawn to such additional terms and conditions and HVL recommends the user to read such terms and conditions before entering into any transaction.

4. By viewing the CMH Site and using the various services which are available, the user is deemed to consent to the Terms and Conditions.

5. The Terms and Conditions are effective immediately upon use. If you do not agree with the Terms and Conditions, please do not use the CMH Site.

6. You may not use the CMH Site as a subscriber or purchaser if you are under the age of 18 or you are not able otherwise to form legally binding contracts, or if your subscription to HVL or the CMH Site has been suspended.

7. Where there is a conflict between the additional terms and conditions applicable to a Site or service and these general terms and conditions then the former shall prevail.

8. If you have any questions regarding the Terms and Conditions, you should contact info@classicalmusichomepage.com.

9. HVL reserves the right at all times to vary, change, alter, amend, add to or remove any of the Terms and Conditions. The Terms and Conditions, as modified, will become effective immediately upon publication online.  Previous versions of the terms and conditions

10. Changes to the Terms and Conditions will be posted on the Sites together with the date on which they become effective.

11. By browsing the CMH Site you accept that you are bound by the Terms and Conditions and notices, which are current for the time being and we therefore recommend that you check these each time you revisit the CMH Site. The current version of these general Terms and Conditions was adopted and published on 10th May 2008

Intellectual Property

12. All copyright and other intellectual property rights as defined (“Intellectual Property Rights”) in any material contained on the Sites is either owned by HVL or has been licensed to HVL by the right's owners.

13. Use of any of HVL’s Intellectual Property Rights is forbidden unless prior written permission has been obtained from HVL or other owner of the particular right(s).

    1. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, adapt, alter or create a derivative work from or otherwise use any HVL content or materials visible on or accessible from the Sites in any way except for your own personal, non-commercial use. Any other use of HVL content or materials requires the prior written permission of the HVL. Nothing in the Terms and Conditions shall confer expressly, by implication, estoppel or otherwise any license or right to use any Intellectual Property Rights of HVL or any of its licensors.

    2. The Sites contain robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without HVL’s express written permission bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.

14. You may not remove any copyright, trademark or intellectual property notices contained in the original material from any material downloaded or copied from the Sites.

15. If you submit any contribution, (whether text, photographs, graphics, video or audio or otherwise) to HVL, for use on any of the Sites, you warrant that:

    1. you own the copyright in any such content and have the right to grant the rights specified in sub-clause c. below.

    2. the content is not defamatory, pornographic or otherwise unsuitable.

    3. agree to grant HVL a perpetual, royalty-free, non-exclusive, sub-licensable (through multiple tiers) worldwide license to use such intellectual property rights you may have in the content in whatever manner HVL may choose including as a derivative work or compilation in any media now known or subsequently developed for the full term of any rights that may exist in your content.

    4. waive any moral rights in your contribution for the purposes of submission and publication.

    5. agree to abide by the rules applicable to  Blogs, Forums, Message Boards and other interactive communication facilities provided by HVL outlined in the Terms and Conditions and any specific rules applicable to such facilities specified elsewhere on the Sites.

    6. you indemnify HVL against all legal fees, damages and other expenses that it may incur as a result of your breach of the above provisions.

Provided always that Artists, Authors or Musicians posting their own copyright works on their personal web-sites for promotional purposes, which are accessible from the Sites, shall not be deemed to have licensed HVL or any other person to use such copyrights in the absence of the express consent of the Artist, Author or Musician in question.

16. Links by third parties to the website, http://www.HomePageVentures.com or to any of the Sites, other than to each individual site’s home page, or from within a frame-set definition are not permitted except with HVL ’s prior written permission.

Use of the CMH Site and services provided by HVL

17. You will not use the CMH Site or any of the services provided by HVL to

    1. send, transmit, make available, copy, retransmit, broadcast or publish (whether directly or indirectly) in whatever form any data, information or contractual rights, material or statement which infringes the Intellectual Property Rights or contractual or statutory rights of HVL or any third party or the laws or statutory regulations relating to defamation, contempt, blasphemy, infringement of privacy or personal data rights or image rights and any equivalent, similar or related laws in any territory in which they are or may be accessed or made available;

    2. to send or cause to be sent or forwarded electronic mail without the express or assumed agreement of the respective recipient. This shall include but not be limited to not sending large numbers of electronic mails with the same content which is commonly referred to as "spamming";

18. You will keep confidential all passwords received from HVL for the purpose of accessing the CMH Site or any of the services provided by HVL. You agree to notify the Company as soon as you believe that the password has become known to any unauthorised person.

19. You will only use the CMH Site and the services provided by HVL for a legitimate and lawful purpose and will immediately advise HVL if you become aware that the CMH Site or any of the services provided by HVL is being used by any subscriber or other person for the dissemination or promotion of child pornography, violence or other unlawful activity which is illegal in the country where the viewer is located.

20. When using the CMH Site or the services provided by HVL, you will not

    1. obscure the originator of any message or other communication;

    2. hack or attempt to gain unauthorised access to the servers of HVL or any other person;

    3. harvest or otherwise collect information about other subscribers or users, including email addresses, without their express consent.

    4. infringe the laws of any country including but not limited to illegal gambling, the sale of drugs which have not been sanctioned for sale or distribution in the country in which the purchaser lives;

    5. instruct others to break the laws of any country;

    6. distribute viruses;

    7. do anything likely to threaten the network or the use of the network or any connected network system, service or equipment;

    8. maintain an open SMTP relay;

    9. advertise or facilitate the means of violating any of the Company’s policies;

21. If you use web services provided by HVL you will

    1. allow HVL to have administrative access your website to check for any infringements of your obligations under this Agreement

    2. comply with the Company’s Fair Use Policy for the time being.

    3. Maintain your email accounts within the limits established by HVL and advised to you.

22. HVL shall have the right to return all emails, received after limits have been exceeded, to the senders without further notice to you. HVL further reserves the right to suspend without notice any email accounts that have not been used for a period exceeding two (2) months (i.e., the account has not been accessed by you and email has not been downloaded for a period of two months).

23. Upon such suspension, HVL will send a notice to your primary contact email address, advising you of the suspension of your account. If you do not request reinstatement of the account, HVL may, at its sole discretion, terminate your account and delete the email box from its servers.

24. In such event, HVL takes no responsibility for the loss of any data and/or emails still located in your account and you acknowledge that you have no recourse against HVL for any damages or loss, howsoever arising, resulting from the loss of such data and/or emails.

E-Commerce and Distance Selling Directives

25. All subscribers to the Sites shall have the right to cancel their subscription within 7 days of paying their subscription provided that they have not used the service for which they have subscribed. A subscriber will be deemed to have used the service on the first occasion that they log-in to such service following payment for the subscription. To exercise the right the subscriber should give notice in writing to HomepageVentures Limited.

26. The right to cancel any order or to return goods purchased following the purchase of any Goods from the any Shop incorporated in the Sites, and the applicable process for their respective exercise, is covered in the additional terms applicable to the sale and purchase of Goods..

27. The services available on the Sites are provided by HVL and its Partners. The names and contact details of HVL and its Partners and the persons to whom addresses should be sent are available on the Site prior to registration as a user or subscriber

28. The description of the goods and services available on any of the Sites together with the price and any other costs to which the user may be subject are accessible on the Site in question.

Forums and other interactive facilities

29. HVL encourages its members to participate in Forums, on Message Boards and other interactive communication facilities. Such facilities can only work if people respect each other and act lawfully. In using such facilities users agree to abide by the following guidelines and any particular guidelines detailed on the Sites.

    1. Users are responsible for any content that they contribute and should have the right to use such content.

    2. The content should be lawful.

    3. Contributions should be constructive and relevant in the context.

    4. Users should not use foul, abusive or otherwise offensive language, or threaten or harass any other users.

    5. Users should not use the communication facilities of the Sites for the purpose of spamming, advertising, soliciting business or disseminating chain or pyramid letters.

    6. Users should not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on the HVL infrastructure;

    7. Users should not interfere or attempt to interfere with the proper working of the Sites or any activities conducted on them.

    8. Users should not use specific URL’s unless permitted by the particular guidelines for an HVL facility.

    9. Users should only use their own user identity and not impersonate another person or use multiple logins or take any other action for the purpose of distorting or disrupting the service provided.

    10. Content should only be in a language that the substantial majority of potential users can understand.

    11. Users should not do anything which may be detrimental to the reputation of HVL and the Sites.

30. HVL reserves the right to remove any content, whether after a warning or without notice, which, in its sole opinion, offends these guidelines and to suspend or terminate any account of any user who fails to comply with the guidelines.

31. HVL cautions all users not to provide any personal information such as contact details to third parties using the interactive communication facilities.

32. HVL cautions parents to supervise their children using Internet interactive communication facilities.

33. The views expressed in Forums, on Message Boards and on the other facilities provided by HVL to enable and encourage the exchange of views and information by its contributors, are those of the particular user and HVL accepts no responsibility either for the content, or the views expressed or the manner of expression or the contributors’ other activities. Contributors to such forums agree to abide by the applicable rules.

34. HVL reserves the right, at any time, without notice

    1. to suspend or terminate access to, or use of, the CMH Site generally or in relation to any particular user(s).

    2. to vary, change, alter, amend, add to or remove any content on this CMH Site if any person is offended by it and/or can satisfy HVL that its publication is unlawful.

Content and Service availability

35. The content of the Sites is for general information only and as an aide in the research process and does not constitute any form of advice or recommendation upon which a specific decision should be made. HVL has done its best to ensure the accuracy and currency of the materials contained on the Sites but excludes any warranty express or implied as to quality, accuracy, timeliness, completeness or fitness for a particular purpose of the material contained on the Sites. HVL accepts no responsibility and will not be liable for any loss or damage, whether direct, indirect, exemplary, consequential or otherwise which may arise from reliance on information or advice contained on the CMH Site.

36. HVL reserves the right to alter the design and specification of the Sites at any time.

37. HVL will try to ensure continuous availability of the Sites but does not warrant that

    1. the use of the Sites will be without interruption or error-free,

    2. all defects will be corrected or

    3. the Sites and their content may not be contaminated by viruses or other harmful properties.

38. HVL accepts no responsibility and to the extent permitted by law and save as expressly stated elsewhere in the Agreement, will not be liable for any claims, penalties, loss, damages or expenses whatsoever whether direct, indirect, exemplary, special, punitive, consequential or otherwise, arising from the use or the inability to use the Sites or from any unauthorised access, or alteration of, or infection to, the Sites, howsoever caused.

39. Nothing in the Terms and Conditions shall

    1. exclude liability for death or personal injury directly caused by the negligence of HVL.

    2. exclude liability for fraud or fraudulent misrepresentation by either HVL or you

    3. exclude the conditions and warranties implied by Section 12 of the Sale of Goods Act 1979 and where the user deals as a Consumer, the conditions implied by sections 13 to 15 inclusive of the said Act and by sections 3 and 4 of the Supply of Goods and Services Act 1982; or

    4. where you deal as a Consumer, affect your statutory rights.

40. Where you access the CMH Site from locations outside the United Kingdom, you do so voluntarily and are responsible for compliance with local laws.

41. The Sites contain links to other third party sites outside the control of HVL. These links are provided to help you find additional information quickly and easily. HVL accepts no responsibility for the content of such sites, the rules governing their respective use or their availability and will not be liable for any claims, penalties, loss, damages or expenses whatsoever whether direct, indirect, exemplary, consequential or otherwise, arising from the use or the inability to use such third party sites.

Data Protection and the use of personal information

42. HVL’s use of personal data provided in connection with the use of the Sites complies with the principles of the Data Protection Act 1998 and is governed by its Privacy Policy click here to view the Privacy Policy

43. HVL transfers and/or processes personal data outside the United Kingdom and the European Union by using the CMH Site you consent to such use provided it is otherwise in accordance with the Privacy Policy.

44. You agree not to disclose any personal information, disclosed to you by any other subscriber to the CMH Site or user of any services provided by HVL, other than for the purpose for which it was disclosed.

Suspension and Termination.

45. HVL shall be entitled to suspend your access to the CMH Site or to any of services provided by HVL if you are in breach of any of the Terms and Conditions.

46. HVL shall not recommence access or the provision of services until the breach has been remedied and you have provided assurances that the problems will not be repeated.

47. You will not be entitled to any refund for any period during which access to the CMH Site or service is suspended.

48. Either Party may, without compensation to the other Party, terminate the Agreement forthwith by written notice to the other Party if:

    1. either the other Party shall commit a material breach of any of its obligations under these Terms and Conditions and, where remediable, has not remedied such breach within fourteen days of receiving written notice of the breach;

    2. the other Party shall become bankrupt or if a body corporate pass a resolution or the court shall make an order that one Party be wound up, (other than for reconstruction or amalgamation) or have a receiver appointed of its assets or any part thereof or an administration order is served upon it or any analogous event occurs in respect of a Party.

49. Either Party shall have the right to terminate the Agreement without reason upon giving 30 days written notice to the other and termination shall occur at the expiry of the notice period.

50. You will not be entitled to any refund of any subscription or other fee paid to HVL unless termination is attributable to the breach by HVL of its obligations.

51. Termination of the Agreement shall not prejudice or affect any rights of either Party which have or may have arisen on or before the date of termination.

52. On termination of this Agreement for whatever reason the following provisions shall apply:-

    1. You shall pay to HVL within 14 Working Days of termination all amounts due and outstanding under the Agreement;

    2. Any licence granted to you by HVL in respect of any Intellectual Property Rights of the Company shall be revoked with immediate effect;

    3. You shall pay all amounts (if any) as and when such amounts shall fall due under the Terms and Conditions;

    4. if your domain name is hosted by HVL you shall be responsible for renewing its Registration when next due, for finding a new host for the respective domain name(s) and for meeting the costs of such transfer;

    5. HVL shall use its reasonable endeavours to effect the transfer of the domain name to you provided always that HVL shall hold a lien over such domain name unless and until you have paid all amounts outstanding under the Agreement including without limitation all costs of the Company in arranging the transfer of the domain name.

    6. HVL shall without prior notice cease hosting your domain name(s) 30 days from and including the expiry date of notice to terminate notwithstanding that you have not found an alternative host for the respective domain name(s).

    7. You shall continue to treat as confidential all personal information which you received during the course of the Agreement.

General Provisions

53. These Terms and Conditions supercede any other terms and conditions between HVL and you in respect of your subscription to the CMH Site and the use of any services provided by HVL.

54. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable then to the extent that such term is illegal, invalid or unenforceable and only to that extent, (with the intent that such term shall be enforced to the maximum extent possible,) it shall be severed and deleted from these Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

55. Neither HVL nor you shall assign or otherwise transfer or dispose of any of its rights and obligations under the Agreement without the prior written consent of the other Party, save that HVL may assign, sub-contract, sub-Licence or otherwise transfer or dispose of its rights and obligations under its agreement with you without your prior approval to any other body within the HVL group of companies (defined as any company in which HVL’s ultimate holding company has a controlling interest) or to a Third Party to which substantially all of the assets of the undertaking are being assigned or novated.

56. Any notice or other document which you wish to send to HVL may be sent by first class post to HomepageVentures Limited, 50 Albemarle Street London W1S 4BD, or by electronic mail to admin@homepageventures.com or by facsimile +44 (0)20 8786 7601. HVL will send notices invoices and other documents to you by first class post, or by electronic mail or facsimile in accordance with the Registration details.

57. Nothing in these Terms and Conditions shall be taken as granting any rights expressly or impliedly whether contractual or statutory to persons other than HVL and you, whether by virtue of the Contracts (Rights of Third Parties) Act 1999 or otherwise

58. The content of the Sites is developed for and directed at users within the United Kingdom. These Terms and Conditions shall be governed by the laws of England and Wales and subject to the exclusive jurisdiction of the English Courts

59. Definitions

“HVL” shall mean HomepageVentures Limited a company incorporated in England with the registered number 05816491 and Wales having its registered office at 5 Jupiter House, Calleva Park, Aldermaston, Reading RG7 8NN

"Intellectual Property Rights" means all or any registered or unregistered intellectual property rights in any part of the world, including but not limited to copyrights, database rights, design rights, image rights, know-how, patents, rights in inventions and ideas, rights to confidence, topographical rights, service marks, trade marks, and trade secrets together with any right to apply for any such intellectual property rights and the benefit of any applications for any such intellectual property rights;

services provided by HVL