Video Disclaimer: OperaPulse, LLC condones any copyright infringement and will not be held responsible if any embedded video breaks the copyright laws. The videos are used as an educational aid for opera lovers and singers. If you own the rights to any of these videos you should report it to Youtube.com
The contents of OperaPulse’s website, which includes, without limitation, text, sound, graphics, music, data, images, software and web site appearances and design (“Contents”), are the property of the OperaPulse LLC, or third parties, and are protected by copyrights, trademarks, service marks, trade names, trade dress, patents and other proprietary rights and laws. In addition, the Contents are copyrighted as a collective work/compilation. The names, marks, logos and other identifications of OperaPulse (“Names”) are the property of OperaPulse LLC. All rights in and to the web site, its Contents and the Names are reserved, and no part of them may be used for any commercial purpose whatsoever without OperaPulse’s prior express written approval for each use. You acknowledge that any use or reproduction of the Names or the Contents, except as expressly permitted herein, will cause irreparable damage and you consent to the entry of injunctive relief against such use.
The Contents are available for your own use, for non-commercial and educational purposes only. Such use is subject to additional restrictions or laws that govern individual files or programs. If you are permitted to use any part of the Contents, you must cite the author and source of the Contents along with the URL (www.operapulse.com) each time you do so. Except as set forth herein, you may not copy, publish, reproduce, transmit, frame, hyperlink, upload, post or distribute in any way, or create derivative works from the Contents, in any form or in any medium. Modification of any of the Contents, use of any of the Contents for any other purpose, or use of any of the Contents on any other web site or networked computer environment is prohibited and is a violation of proprietary rights of the OperaPulse, LLC.
THE CONTENTS ARE PROVIDED WITHOUT WARRANTY THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. THERE IS NO WARRANTY OF ANY KIND AS TO THE RESULTS OBTAINED, OR THE ACCURACY OR RELIABILITY, VALIDITY OR COMPLETENESS OF ANY INFORMATION OBTAINED. ANY DOWNLOADING OF ANY CONTENTS IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH MAY RESULT FROM SUCH DOWNLOAD.
OPERAPULSE’S WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPERAPULSE LLC DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITE OR IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER(S) THAT MAKE THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS. NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT OPERAPULSE LLC, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SUCH EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
YOU EXPRESSLY AGREE THAT OPERAPULSE LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, ACTUAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, ARISING OUT OF THE USE OF OR INABILITY TO USE WWW.OPERAPULSE.COM OR THE CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. BY USING WWW.OPERAPULSE.COM, YOU WAIVE ANY CLAIMS YOU MAY HAVE AGAINST OPERAPULSE LLC WHICH MAY RESULT FROM YOUR USE OR INABILITY TO USE THE SITES. IF YOU ARE DISSATISFIED WITH WWW.OPERAPULSE.COM OR THE CONTENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. BECAUSE APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE EXCLUSION THEREOF MAY NOT APPLY TO YOU, BUT WILL, IN ANY EVENT, APPLY TO THE MAXIMUM EXTENT PERMISSIBLE, AND, IN NO EVENT SHALL OPERAPULSE LLC’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE WEB SITES.
You agree, at your sole cost and expense, to indemnify, defend and hold harmless OperaPulse LLC jointly and severally, its officers, directors, employees, agents, affiliates and subsidiaries, from and against any and all claims, demands, judgments, losses, deficiencies, damages, liabilities, costs and expenses (including attorneys’ fees, costs of settlement, and costs of litigation or mediation) incurred in connection with, or arising out of, your violation or alleged violation of these Terms and Conditions of Use or the law of any jurisdiction or in connection with your use or inability to use www.operapulse.com or any product or service related thereto.
When you register as a user of OperaPulse LLC’s website, you will create a unique user name and password. You are responsible for maintaining the confidentiality of them and will be responsible for all activities that occur under your user name and password. Please notify us immediately if you suspect unauthorized use or a breach of security of your username or password or otherwise with respect to the web sites at Info@OperaPulse.com
OperaPulse LLC’s website includes areas, such as Aria of the Week and blogs, where users can post content. To insure the best experience for all users, we ask that you adhere to the following terms and conditions when posting:
Play Nice: You cannot post or in any other way publish or distribute on OperaPulse LLC’s website any material that is libelous, defamatory, pornographic, obscene, abusive, or otherwise illegal. You will not threaten or verbally abuse other users, or use language that is abusive or defamatory, post “spam,” or do anything else that disrupts discussions. Please be respectful of other users—robust discussion is wonderful, but name-calling, offensive language, or language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc., is not acceptable. Hate speech of any kind is grounds for immediate and permanent suspension of access to the user-content areas of OperaPulse LLC’s website . Please be aware that personal attacks of any kind are not tolerated and may result in immediate and permanent suspension of access to the user-content areas of OperaPulse LLC’s website. While not responsible for the content of posts and comments posted by users, OperaPulse LLC reserves the right to delete, move, or edit any content that OperaPulse LLC, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
Don’t Advertise: The user-content areas of www.operapulse.com are for the purpose of discussion and sharing of information. They are not intended and cannot be used as places to post commercial information, such as solicitation of funds, advertising, or solicitation of goods and services.
Ownership: Any content that you post in the user-content areas becomes the property of OperaPulse LLC, which reserves all rights to such content, and may edit or modify such content (including how the content is displayed or formatted) as it sees fit.
Other Sites and Products
You acknowledge that third-party sites that may be linked to www.operapulse.com are not under the control of OperaPulse LLC, and you agree that OperaPulse LLC is not responsible for the content, advertising, products or other materials presented on such sites and shall have no liability for any loss or damage incurred as a result of the use of such third party sites. Any concerns regarding any services or resources provided by any such site should be directed to that site. You further acknowledge and agree that any links to third-party sites provided by us do not constitute or imply any endorsement, recommendation, acceptance or favoring by OperaPulse LLC of that site, any products offered therein, opinions or any content thereof.
Each Use Constitutes Acceptance
We may amend these Terms and Conditions at any time, and your use of www.operapulse.com constitutes acceptance of these Terms and Conditions stated and in effect at the time of each use.
These Terms and Conditions, and all relations between you and OperaPulse LLC, shall be governed by and construed in accordance with the laws of the State of Pennsylvania without giving effect to its conflict of law provisions. You agree that any controversy, claim or action at law or equity arising out of or relating to these Terms and Conditions or your use of www.operapulse.com or any of the Contents shall be resolved only in a state or federal court in Butler County, Pennsylvania and you hereby consent and submit to the personal jurisdiction, venue, and forum exclusivity of such courts.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision is and shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. To the extent anything in or associated with www.operapulse.com is in conflict or inconsistent with this Agreement, this Agreement shall take precedence and control. OperaPulse LLC’s failure to enforce any provision of this Agreement against you or anyone else is not and shall not be deemed a waiver of such provision nor of the right to enforce such provision against you. Headings of sections contained herein are meant for convenience only and do not limit in any way the applicability or force of any provisions herein.
You further agree that regardless of any law or statute to the contrary, any controversy, claim or cause of action arising out of or relating to www.operapulse.com and/or these Terms and Conditions must be filed within one (1) year of the date the controversy, claim or cause of action arose or be forever barred as untimely.
These Terms and Conditions constitute the entire Agreement between OperaPulse LLC and you relating to the subject matters herein and shall not be modified except as provided herein or in a writing signed by you and OperaPulse LLC.
www.operapulse.com is a website (“the website” or “OperaPulse LLC’s website”) of OperaPulse LLC. By entering the website, you are agreeing to be bound by all applicable laws and have entered into a binding contract with us containing the Terms and Conditions of Use set forth herein.
OperaPulse LLC has prepared this policy statement so you will be aware of what information is collected about visitors to the website and how that information is used. From time to time, OperaPulse LLC’s practices may change necessitating changes to the policy as it exists now. OperaPulse LLC encourages you to refer back to this page to see the policy in effect at the time of your use and, if you wish, change your user preferences.
By using any of our websites, E-Newsletter or communicating with OperaPulse LLC by e-mail, you are deemed to have assented and agreed to this policy as in effect at the time of your use.
What Information About You Is Collected and How Is It Used?
You can browse www.operapulse.com without logging on, and no personal information about you or your visit will be collected. Some anonymous, statistical information is automatically logged when you access the website. These “access logs” allow OperaPulse LLC to make the website more useful to you and others who use it by, for example, tracking which features of the site are most used by visitors. None of this information, which is listed below, is associated with any personal information or contains anything identifying you personally:
:: The date of the visit
:: The time of arrival and length of visit
:: The browser used (e.g., Internet Explorer, Firefox, Safari, etc.)
:: A list of files downloaded or pages viewed
:: The Internet Protocol (IP) address of the machine through which the site was accessed
:: Any errors encountered
A cookie is an alphanumeric identifier that is automatically stored on the hard drive of a computer that accesses a website. It allows OperaPulse LLC’s systems to recognize your browser’s access privileges and to personalize your session with the website. OperaPulse LLC does not share information from cookies with any third parties. If you do not wish a cookie to be placed on your computer, however, you can adjust the settings on your browser accordingly, although doing so will limit the range of features that will be available for your use on our site. (For example, you must have cookies turned on to place items in your shopping cart, or to access certain other content, e.g., “Figaro’s Marketplace”).
When a user of www.operapulse.com makes a purchase or requests a brochure or other material, OperaPulse LLC must have the information necessary to process the transaction: name, address, telephone number, e-mail address and, when applicable, credit card number. For reasons of security, no credit card information is shared with any third parties or stored permanently on the website’s web server. If a user registers at the website, but does not make a request or purchase, this same information is collected with the exception of credit card information.
In addition to using your name and contact information to fulfill your requests, process your transactions or to award prizes, your name and contact information will be added to OperaPulse LLC’s database, and OperaPulse LLC may perform statistical analyses of user behavior to measure interest in the various areas of the website. You may receive direct mail or telemarketing calls from the OperaPulse LLC for programs, products, and publications. Although we sometimes make names and addresses available to select organizations for direct mail marketing purposes, we do not provide our lists to any organizations for e-mail or telemarketing use.
OperaPulse LLC may release information if we are required to do so by law or in the good faith belief that it is necessary to comply with the law or legal process served on OperaPulse LLC or protect and defend our legitimate business interests, rights or property or rights of our customers and patrons.
If you communicate with OperaPulse LLC by letter, e-mail, phone or in person, it is possible that information about the communication may be collected into a file specific to you.
To alter your e-mail preferences, please click on unsubscribe at the bottom of any of our emails or send a request to Info@OperaPulse.com and we will record and respect your instructions. We use MailChimp as our mass email service provider and abide by the laws and regulations found in the Can Spam Act. Again, we are committed to protecting the privacy and personal information of our visitors and subscribers.
Please note that www.operapulse.com does not knowingly collect personal information from any child under 13 without parental consent. Any parent who may be concerned that a child has accessed the website or given personal information should contact OperaPulse LLC as indicated below.
Further, although OperaPulse LLC believes that our security procedures are appropriate to protect your personal information as indicated, we cannot guarantee that these precautions will protect against, and we must hereby expressly disclaim any liability for, its misuse, loss, alteration or use inconsistent with our policy. In addition, note that the policy appearing here applies solely to information collected by www.operapulse.com, and we have no responsibility for and specifically disclaim any liability for the content, the privacy policies and the use of information of third-party websites to which our sites may give links.
Jurisdiction and Venue