TERMS OF USE AGREEMENT


This is the Terms of Use Agreement for www.concert-oh.com. Concert-oh.com is a social networking service that allows members to communicate and engage in enhanced conferencing activities with others. The service is operated by Chorus Call, Inc. ("Chorus Call").
  1. AGREEMENT
    1. By using the Concert-oh.com website and related software / services / content made available from time to time (the "Site") you agree to be bound by this Terms of Use Agreement (as amended, this "Agreement"). If you wish to become a member ("Member"), communicate with other Members and make use of the Site member services (as and when available) (the "Service"), please read this Agreement and indicate your acceptance by following the instructions in the Registration process.
    2. This Agreement sets out the legally binding terms for your use of the Site and, if applicable, your membership as a Member ("Membership") in the Service. By using the Site and/or the Service, you agree to be bound by this Agreement. Please review this Agreement carefully, print it, save it and refer back to it often (including reviewing it on the Site for updates). You may only use the Site and the Service in compliance with all applicable law, regulations and this Agreement. If you do not agree to the terms of the Agreement, you should immediately stop all use of the Site and Service. Chorus Call is relying on your agreement to this Agreement in when providing the Site and the Service.
    3. Chorus Call may modify this Agreement from time to time and such modifications shall be effective upon posting by Chorus Call on the Site. You agree to be bound to any changes to this Agreement when you use the Site or the Service after any such modification is posted. This Agreement includes Concert-oh's policy for acceptable use and content posted and exchanged on the Site, your rights, obligations and restrictions regarding your use of the Site and the Service, and Concert-oh's Privacy Policy. You may also receive a copy of this Agreement by emailing us at help@concert-oh.com, Subject: Terms of Use. To access and use certain features on the Site, you may also be required to agree to certain additional terms.

  2. ELIGIBILITY
  3. Membership in the Service and use of the Site is void where prohibited. By using the Site and the Service, you represent and warrant that all registration information you submit is truthful and accurate, and you agree to maintain the accuracy of such information. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER, and that your use of the Service and Site does not violate any applicable law or regulation. Your Screen Name / profile may be deleted without warning, if we believe that you are younger than 18. CHORUS CALL AND THIS SITE ARE NOT TARGETING INDIVIDUALS YOUNGER THAN 18 AND ANY USE OR ATTEMPTED USE BY INDIVIDUALS YOUNGER THAN 18 IS PROHIBITED. In addition, you may not use the Site or Service if you are a convicted sex offender.

  4. TERM, TERMINATION AND CHARGES
  5. This Agreement shall remain in full force and effect while you use the Site, the Service, and/or are a Member. You may terminate your Membership at any time, for any reason by contacting us at help@concert-oh.com, Subject: Membership Termination. Chorus Call may terminate your Membership at any time and for any reason. Upon such termination, Chorus Call shall send notice to you at the email address you provide in your Membership application or such other email address as you may subsequently provide to Chorus Call. Even after membership is terminated, this Agreement will remain in effect. By using the Service and by becoming a Member, you acknowledge that Chorus Call reserves the right to charge for the Service and has the right to terminate a Member's Membership as indicated herein

  6. SCREEN NAME AND USE
    1. Please choose carefully the information you transmit through or post on the Site and that you provide to other Members. Your screen name / profile ("Screen Name") may not include the following items: telephone numbers, street addresses, last names, URLs or email addresses. Any photographs or other materials transmitted or posted by you may not contain nudity, violence, or offensive or otherwise objectionable subject matter. Information provided by other Members (such as in the material they post) may contain inaccurate, inappropriate or offensive material, products or services, and Chorus Call assumes no responsibility or liability for this material. Please notify us at help@concert-oh.com if you become aware of any such prohibited material.
    2. Chorus Call reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Site and/or Services at any time, for any or no reason, with or without prior notice, and without liability. In addition, Chorus Call may modify, delete or do otherwise to features, content and services available on the Site at its sole discretion.
    3. You shall use such versions and releases of web browsers and otherwise as the Site may require from time to time. In addition, you agree that the Site (and/or certain features, content, your Membership account, etc.) will be unavailable at scheduled and unscheduled times from time to time.
    4. Your Membership is solely for your personal use, and you shall not authorize others to use your Membership account, including your Screen Name or email address. You are solely responsible for maintaining the confidentiality and security of your password(s), your system, and all Content published or displayed through your Membership account, and for your interactions with other members. Illegal and/or unauthorized use of the Site, including collecting user names and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site, is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member Screen Names without notice and may result in termination of Membership privileges. Chorus Call reserves the right to take legal action as it deems appropriate for any illegal or unauthorized use of the Site.

  7. PROPRIETARY RIGHTS
  8. Chorus Call and its licensors own and retain all proprietary rights in the Site and the Service. The Site contains copyrighted material, trademarks, and other proprietary information of Chorus Call and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. You may not alter or remove any copyright notice or proprietary legend contained on the Site.

  9. CONTENT POSTED ON OR TRANSMITTED THROUGH THE SITE
    1. You understand and agree that Chorus Call may review and delete any content, messages, photos, recordings, material or Screen Names (collectively, "Content") that in the sole judgment of Chorus Call violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member. Notwithstanding the foregoing, you acknowledge and agree that Chorus Call has no obligation to monitor Content or conduct on the Site. You shall properly input Content into the Site, and you shall not input or send improper or otherwise inappropriate code (such as a virus) into or via the Site.
    2. You are solely responsible for the Content that you publish, transmit or display (collectively, "post") on the Service or via the Site. Chorus Call does not claim any ownership rights in this Content.
    3. By posting any Content to or via the Site, you hereby grant to Chorus Call the non-exclusive, fully paid, royalty-free, sublicensable, worldwide limited license to use, publicly perform, publicly display, modify, reproduce and distribute such Content on and through the Site. This license will terminate at the time you remove such Content from the Site (unless you have shared the Content with others who have not deleted it). You represent and warrant that: (i) you own the Content posted by you on or through the Site or otherwise have the right to grant the license set forth above, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on or transmit through the Site.
    4. The following is a partial list of the kind of Content that is illegal or prohibited on the Site. Chorus Call reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this Agreement, including without limitation, removing the offending communication and materials from the Service, terminating the Membership of such violators, and referral to legal authorities. Prohibited Content includes Content that in the sole discretion of Chorus Call: (i) is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) harasses or advocates harassment of another person; (iii) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (iv) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (vi) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (vii) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (viii) provides instructional information about, or otherwise is in furtherance of, illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (ix) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (x) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (xi) is a virus or other unauthorized code; or (xii) uses sexually suggestive imagery or any other unfair, misleading or deceptive content intended to draw traffic to the Screen Name’s activity.
    5. You may not engage in advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. Although Chorus Call cannot monitor the conduct of its Members off the Site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Chorus Call reserves the right to restrict the number of contacts which a Member may send to other Members in any 24-hour period to a number which Chorus Call deems appropriate in its sole discretion.
    6. You may not: (i) harass, intimidate or bully; (ii) post content that is pornographic, threatening, hateful, graphically violent, or includes nudity; (iii) attempt to impersonate another user or person who is not a member of Concert-oh; (iv) copy, modify or distribute the Content of other Members without permission; or (v) cover or obscure the banner advertisements on any Concert-oh page.
    7. Any automated use of the system, such as using scripts to add contacts, is prohibited.

  10. COPYRIGHT POLICY
  11. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Concert-oh reserves the right to terminate Membership privileges of any member who infringes copyright upon prompt notification to Chorus Call by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent at help@concert-oh.com with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

  12. MEMBER INTERACTIONS
  13. You are solely responsible for your interactions with other Concert-oh Members. Chorus Call reserves the right to disable accounts or otherwise terminate the Service of users found or repeatedly reported to be engaged in abusive behavior.

  14. PRIVACY
  15. Privacy is important to us, and we want you to fully understand how we collect and use information. In addition to these terms, use of the Site and the Service is also governed by our Privacy Policy, which is incorporated in this Agreement by reference. Please read the Privacy Policy as it is important to you and us.

  16. DISCLAIMERS
    1. CHORUS CALL, ITS AFFILIATES AND PROVIDERS ARE NOT RESPONSIBLE FOR: (I) ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICE OR ANY LINKS PROVIDED, WHETHER CAUSED BY USERS OF THE SITE, MEMBERS, ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE, OR OTHERWISE; (II) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR MEMBER OF THE SERVICE; (III) THE CONTENT OF ANY THIRD PARTY WEBSITE, LINK, ADVERTISEMENT OR OTHERWISE REACHABLE VIA THE SITE OR SERVICE (AND YOU ACKNOWLEDGE AND AGREE THAT ALL USE OF SUCH IS AT YOUR OWN RISK); (IV) YOUR USE OF THE SITE AND SERVICE (WHICH YOU ACKNOWLEDGE YOU USE AT YOUR OWN RISK); OR (V) ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION, CONTENT OR ANY OTHER SIMILAR CIRCUMSTANCES.
    2. CHORUS CALL, ITS AFFILIATES AND PROVIDERS ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR OTHER EQUIPMENT DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS AND/OR MEMBERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SITE AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES SHALL CHORUS CALL, ITS AFFILIATES OR PROVIDERS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR THE SERVICE OR FROM ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO MEMBERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS-IS" "WITH ALL FAULTS" BASIS, AND CHORUS CALL, ITS AFFILIATES AND PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
    3. CHORUS CALL, ITS AFFILIATES AND PROVIDERS DO NOT GUARANTEE OR PROMISE THAT: (I) THE SITE OR SERVICE IS SAFE OR SECURE; (II) ANY SPECIFIC RESULTS FROM USE OF THE SOFTWARE AND/OR THE SERVICE WILL BE ACHIEVED; OR (III) THE SITE WILL OPERATE ERROR FREE OR UNINTERRUPTED, OR THAT ANY NON-CONFORMITIES CAN OR WILL BE CORRECTED. THE SITE AND SERVICE WILL BE UNAVAILABLE FROM TIME TO TIME FOR BOTH SCHEDULED AND UNSCHEDULED REASONS.

  17. LIMITATIONS OF LIABILITY
    1. IN NO EVENT SHALL CHORUS CALL, ITS AFFILIATES OR PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR LOST PROFIT, LOSS OF USE OR LOSS OF DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE SERVICE OR OTHERWISE, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHORUS CALL, ITS AFFILIATES AND PROVIDERS ENTIRE LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) $100, OR (II) THE AMOUNT PAID, IF ANY, BY YOU TO CHORUS CALL FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
    2. IN ADDITION, CHORUS CALL, ITS AFFILIATES AND PROVIDERS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR FAILURE TO PERFORM RESULTING FROM A CAUSE BEYOND ITS REASONABLE CONTROL. THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

  18. DOMESTIC USE; U.S. EXPORT CONTROLS
    1. We control the Site from our offices within the United States of America. Software related to this Site (the "Software") is further subject to United States export controls. We make no representation that the Site, Service, Software or other contents are appropriate or available for use in locations outside of the United States. Users who access the Site from outside of the United States do so on their own initiative, consent to having personal data sent to and processed in the United States, and must bear all responsibility for compliance with local laws, if applicable.
    2. In addition, no Software may be downloaded from the Site or otherwise exported or re-exported (i) in violation of U.S. export laws, (ii) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (iii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, the U.S. Commerce Department's Table of Deny Orders or similar restricted list. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  19. DISPUTES
  20. If there is any dispute about or involving the Site or the Service, by using the Site, you agree that any dispute shall be governed by the laws of the Commonwealth of Pennsylvania without regard to conflict of law provisions, and you agree to personal jurisdiction and venue in the state and federal courts of the Commonwealth of Pennsylvania, located in the City of Pittsburgh. This provision shall not prevent Chorus Call from seeking injunctive relief in any court of competent jurisdiction.

  21. INDEMNITY
  22. You agree to indemnify and hold Chorus Call, its affiliates, providers, officers, agents, and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party related to or arising out of any of the following: (i) your use of the Site or the Service (including without limitation in violation of this Agreement and/or arising from a breach of this Agreement), or (ii) your conduct related to the Site or the Service.

  23. MISCELLANEOUS
  24. This Agreement is accepted by you upon your use of the Site and is further affirmed by you becoming a Member of the Service. This Agreement (including the Privacy Policy and, if applicable, your Membership registration) constitutes the entire agreement between you and Chorus Call regarding the use of the Site and/or the Service. The failure of Chorus Call to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect, and the invalid / unenforceable provision(s) shall be interpreted as closely as legally permitted to the intent of this Agreement. Please contact us with any questions regarding this Agreement at help@concert-oh.com. "Concert-oh" is a trademark of Chorus Call Corporation.

    Notwithstanding anything herein or otherwise, Chorus Call may in all instances comply with applicable law.

    I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF ITS PROVISIONS.