Beethoven.com® Terms
of Use, Privacy Policy, and Security Policy
Welcome to our Beethoven.com® Web
Site. Please review the following basic rules that
govern use of our Site. Please note that your use
of our Site constitutes your agreement to follow
and be bound by these rules and our policies.
Our privacy policy explains
how we protect and treat personal information you provide
to us. Our security policy explains how we safeguard this
information. Our terms of use govern your use of our site
generally. Please read on to learn more about these policies
and terms.
Privacy
We are committed to protecting
your privacy at Beethoven.com®.
What Information Is Covered?
When interacting with the various
features at our site, you may provide us with personal
information. For example, if you enter one of our
contests, you may be asked to provide your name,
e-mail address, and mailing address. And when you
place orders at our site, you will also be asked
to provide a credit card number and expiration date.
In addition, when you
browse our site, the choices you make may provide information
concerning your interests. For example, if you spend time
browsing information on La Bohème, this suggests
that you might be interested in opera generally.
Finally, you may wish to
send us e-mail with your personal comments on the site or
our services. Or you may decide to participate in an online
discussion.
We Keep Your Personal Information
Private
We do not share with third parties
any personal information you provide to us. By "personal
information" we mean information that can be used
by someone to identify or contact you, such as your
name, e-mail address, or mailing address, and by "third
parties" we mean anyone who is not directly involved
in running the Beethoven.com® Site,
or in the processing, payment, or fulfillment of
your order.
Each of our employees abides
by our privacy policy, and only authorized employees have
access to our customers' personal information. Our vendors,
that assist in the ordering and fulfillment process, have
similarly agreed to respect our privacy policy.
We Limit Our Use Of Personal
Information.
We use personal information
you provide to run our contests, process orders,
to notify you of the status of contest entries and
orders, and for other purposes specific to features
of our Site where we ask you for personal information.
In addition, unless you
prefer that we not contact you in the future, we may use
your e-mail address, for example, to notify you about new
services or products we are offering, and new features at
our Site. If you would prefer not to receive these e-mails
from us, simply send an e-mail to webmaster@beethoven.com with
your request.
To measure our visitors'
interest in and use of various areas of our Site, including
any advertising, we may rely upon aggregate information
-- which is information that does not identify you. With
this aggregate information, we may undertake statistical
and other summary analyses of our visitors' behavior and
characteristics. Although we may share this aggregate information
with third parties, please rest assured that no information
we provide to third parties will allow anyone to identify
you, or determine anything personal about you.
We Allow You To Update,
Correct, Or Delete Your Personal Information
Upon your request, and to the
extent your request does not compromise our privacy
or security policies, we will update and correct
personal information you have previously provided
to us. In addition, if you request, we will use commercially
reasonable efforts to remove your name and personal
information from our database. Please understand,
however, that it may be impossible to remove this
information completely, due to backups and records
of deletions. If you wish to update your information,
or to remove your name from our database, simply
send an e-mail to webmaster@beethoven.com with
this request.
We Use "Cookies" Judiciously
Unless you have chosen to disable
it, your Internet web browser has a feature called a "cookie." Cookies
are small text files that a web site can use to recognize
repeat users, to facilitate the user's ongoing access
to and use of the site, and to compile aggregate data
to improve the site and focus advertising. Cookies work
as follows: a web site will send a cookie to your browser
that uniquely associates your computer with information
the site can store for you. Your browser places the cookie
in its cookie file. When you next access that
site on your computer, the site recognizes the cookie,
and makes the stored information available to you. We
may use cookies to provide you with certain features
at our site, such as holding items you put in your shopping
cart between visits, and to help us better understand
and respond to our visitors' interests and preferences.
If you do not want us to use cookies to collect this
information, most browsers allow you to disable the cookie
feature. Please keep in mind, though, that cookies may
be necessary to provide you with certain features at
the site. Just as with other information,
we do not share with third parties any personal information
provided through the use of cookies. Exceptions
There are two exceptions to our privacy policy. First, we may release or use
personal information in connection with legal proceedings, or in response
to a subpoena or court order. Second, our policy
only applies to information you provide to us. You may
provide third parties with information if you, for example,
choose to participate in an online discussion, or click
on third-party advertising at our site. We cannot be
responsible for the conduct of these third parties. They
may have policies concerning privacy and the use of cookies
that differ substantially from ours, and you may receive
unsolicited messages due to this conduct.Privacy Protection for
Children
We have special privacy procedures
in place where children are concerned. Although our Site
is not directed at children, we recognize that certain
features may appeal to a range of ages. We require parental
consent, through a permission form (sent by regular mail
or fax), before we ask for any personal information from
visitors we know are under 18. In addition, even after
a parent has given his or her permission, we allow parents
to review, amend, or delete information their children
may provide, and to prohibit further collection. Furthermore,
unless personal information is necessary for an activity,
we do not require that visitors provide such information
in order to participate in the activity. If your child is interested
in Beethoven.com®, we encourage you to
take an active role in your child's use of our Site. Your Consent
By using our web site, you consent
to our collection and use of information, in accordance
with this privacy policy. We may in the future decide
to change our privacy policy. If we decide to change
our privacy policy, we will post the changes on this
page, so that you may always be aware of what information
we collect, how we use it, and the circumstances under
which we disclose it. Any changes in our privacy policy
will only affect information you provide after the changed
policy becomes effective. Security — We Safeguard
Your Information
We have put in place security control
systems designed to ensure that your personal information,
and particularly your credit card information, remains
safe and private. We Encrypt Your Credit
Card Information
When you place orders at our site,
and provide your credit card number and other credit
card information, we use Secure Sockets Layer ("SSL")
technology. SSL technology encrypts the information you
send -- scrambling it -- so that it is virtually impossible
to decipher and read in transit. Our SSL technology is
currently the industry standard. <Your browser will let
you know when it is in "secure" mode. Rather than the
standard "http" term, the Internet address will begin
with "https", with the "s" standing for secure. In addition,
most browsers in secure mode display a blue line along
the top of the browser window. Our security system
currently works with Web browsers that can use SSL, such
as Microsoft Internet Explorer (version 3.0 and higher),
Netscape Navigator (version 2.0 and higher) and the American
Online browser (AOL 3.0 and higher). Please do not worry
about ordering from our site in a non-secure mode; if
your browser does not support SSL, then our system will
notify you, and will not process your online order. You Need Not Send Credit
Card Information Over The Web To Place An Order
If you prefer not to transmit your card information over
the Internet, you may telephone or fax us the information. Simply record or
print out your order information, and then click here for our telephone, fax,
and address.We Store Your Personal
Information On A Secure Server
All of the personal information we collect is protected
against unauthorized access, on servers that are not connected to the Internet. Moreover, once we receive
your credit card information, you can choose to have
this information stored for future orders on a secure,
non-networked computer that cannot be accessed through
the Internet. You will only need to supply us with your
credit card information once.We Stand Behind Our
Security Procedures
We believe in the strength of our
Beethoven.com® security procedures. Your
personal liability for unauthorized credit card usage
is limited by federal law to $50, if you promptly notify
the issuer of the credit card. In the highly unlikely
event of unauthorized credit card use at our site, simply
follow your credit card company's reporting procedures,
and Beethoven.com® will reimburse you
up to $50 for any remaining liability for unauthorized
charges.Terms of Use / Ownership
Of Site Contents / Downloading
Unless otherwise noted, all text, images, illustrations, designs, icons, photographs,
video clips, and other materials (apart from music clips) that are part of
this Site (collectively, the "Contents"), are copyrighted works, trademarks,
trade dress, or other intellectual properties owned, controlled, or licensed
by Beethoven.com®. The Site as a whole is protected by copyright
and trade dress, all worldwide rights, titles and interests in and to which
are owned by Beethoven.com®. The phrase BEETHOVEN.COM is a trademark
of Marlin Broadcasting, Inc.. Other trade names and trademarks that may be
present on the Site appear with the permission of their respective owners. The Contents of our
Site, and the Site as a whole, are intended solely for
personal, noncommercial use by the users of our Site.
You may download or copy the Contents displayed on the
Site for your personal use only, provided that you do
not remove any copyright or other proprietary notices
contained on the materials. No right, title or interest
in any downloaded materials or software is transferred
to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish,
transmit, distribute, display, modify, create derivative
works from, sell or exploit in any way, in whole or in
part, any of the Contents, the Site, or any related software. Rights to music clips
that you may access through our Site are governed by
copyright law, and you must insure that your use complies
with licenses you obtain from the copyright owner(s)
or rights provided under copyright law.User Comments, Feedback,
Postcards And Other Submissions
All comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted or offered to us on or by this Site
or otherwise disclosed, submitted or offered in connection with your use of
this Site (collectively, "Comments") shall be and remain the property of Beethoven.com®. You agree that Beethoven.com® may
use or disclose information about your demographics and
use of the Site in any manner that does not reveal your
identity, in accordance with our privacy policy. You agree that Beethoven.com® is
free to use, without restriction and without compensation
to you, any ideas, concepts, know-how, suggestions, or
techniques contained in any Comments you send to the
Site for any purpose whatsoever, including but not limited
to developing, manufacturing and marketing products or
services using such information. Beethoven.com® has
no obligation to respond to any Comments. You agree that
Comments submitted by you to the Site will not violate
any right of any third party, including copyright, trademark,
privacy or other personal or proprietary right(s). Control and Content
Of User-Posted Information
Beethoven.com® reserves
the right, but undertakes no duty, to review, edit, move,
or delete any material posted by users on the Site, in
its sole discretion and without notice. Beethoven.com® assumes
no responsibility or liability arising from the content
of any such postings and assumes no responsibility for
any error, defamation, libel, slander, omission, falsehood,
obscenity, pornography, profanity, danger or inaccuracy
contained in any information posted on the Site. You are prohibited from
posting or transmitting any advertising, "spam," or other
unlawful, threatening, defamatory, obscene, scandalous,
inflammatory, pornographic, or profane materials or any
material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to
civil liability, or otherwise violate any law. Beethoven.com® will
fully cooperate with any law enforcement authorities
or court order requesting or directing Beethoven.com® to
disclose the identity of anyone posting any such information
or materials. Links To Other Web Sites
And Services
Beethoven.com® does
not control the availability or content of any outside
web sites, services, or resources to which this Site
may link. Concerns regarding any such service, resource,
or link should be directed to the particular outside
service or resource. Beethoven.com® does
not necessarily endorse, sanction, or verify sites that
link to Beethoven.com®, even if the logo
or mark of Beethoven.com® is used as part
of the link to this Site. Beethoven.com® does
not necessarily endorse, sanction, or verify sites to
which our Site links, and we provide these links merely
for our users' convenience. Disclaimer
While we use reasonable efforts
to include accurate and up-to-date information on the
Site, we make no warranties or representations as to
its accuracy. Beethoven.com® assumes no
liability of responsibility for any errors or omissions
in the content on the Site. Your use and browsing
of the Site is at your risk. Neither Beethoven.com® nor
any other party involved in creating, producing, or delivering
the Site is liable for any direct, incidental, consequential,
indirect, or punitive damages arising out of your access
to, or use of, the Site. THIS SITE AND ALL CONTENTS
OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT YOUR USE
OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FUL
RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION
WITH YOUR USE OF OUR SITE, AND THAT BEETHOVEN.COM SHALL
NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO
YOUR USE OF THIS SITE. Please note that some jurisdictions
may not allow the exclusion of implied warranties, so
some of the above exclusion may not apply to you. Check
your local laws for any restrictions or limitations regarding
the exclusion of implied warranties. Beethoven.com® shall
not be liable for any damages to your computer equipment
or other property on account of your access to, use of,
or browsing in the Site or your downloading of any materials,
data, text, images, video, or audio from the Site, whether
through infection by a virus or otherwise. Choice of Law and Jurisdiction
Unless otherwise specified, this
Site and the Contents thereof are displayed solely for
the purpose of promoting services of Beethoven.com®.
This Site is controlled and operated by Beethoven.com® from
its location in Miami, Florida, U.S.A. This Agreement shall
be construed in accordance with the laws of the State
of Florida, without regard to any conflict of law provisions.
Any dispute arising under this Agreement shall be resolved
exclusively by the state or federal courts of the State
of Florida. Acceptance of Orders
The receipt of an e-mail order confirmation
does not constitute the acceptance of an order or a confirmation
of an offer to sell. Beethoven.com® reserves
the right, without prior notification, to limit the order
quantity on any item and /or to refuse service to any
customer. Verification of information may be required
prior to the acceptance of any order.Termination
Beethoven.com® may
terminate this Agreement without notice, and accordingly
deny you access to the Site, if in Beethoven.com®'s
sole discretion you fail to comply with any term or provision
of this Agreement or Beethoven.com®'s
policies. Upon termination of
this Agreement, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well
as all copies of such materials, whether made under the
terms of this Agreement or otherwise.Modifications
We may from time to time change
the rules that govern your use of our Site. We will post
these changes here, in our Terms of Use. Your use of
our Site following any such change constitutes your agreement
to follow and be bound by the rules as changed. We may
change, move, or delete portions our Site, or may add
to our Site from time to time. Assignment
In the event that Beethoven.com® may
wish to assign or transfer your personal information
and its rights hereunder to a third party, you agree
that Beethoven.com® may do so, on the
condition that such third party agree to abide by Beethoven.com®'s
then current privacy and security policies. Please Contact Us
We are always happy to listen to
your comments, and answer your questions. You may contact
us by e-mail, telephone, fax, or mail, as follows:
Webmaster@beethoven.com
WPB1 #169736 v1
WARNING: Possession,
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is illegal under federal law and violators are subject
to imprisonment and fines. If you know of anyone engaging
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