Gateway to the Classics Terms of Service
ACCEPTANCE OF TERMS
By using the Gateway to the Classics website, a service of Yesterday's Classics, LLC, you are agreeing to the following terms and conditions, otherwise known as "Terms of Service." Yesterday's Classics, LLC reserves the right to modify the Terms of Service at any time without notifying you. Any new features that are added to the Service at any time shall also be covered by the Terms of Service. Your continued use of the Service after modifications shall constitute your acceptance of the modifications.
In order to create an account, you must be an adult. When you sign up, you must provide complete, current, and accurate information, including your legal name, your physical address and your email address. It is your responsibility to keep your registration data current. If Yesterday's Classics, LLC, has reason to believe that the information you provide is not complete, current, and accurate, it has the right to refuse you access to the Gateway to the Classics service, and to terminate or suspend your access, at any time, without notice.
You are responsible for keeping your username and password secure. You are responsible for all activity that occurs under your account. You must immediately notify the site of any security breaches or any unauthorized use of your username and password. Yesterday's Classics, LLC cannot and will not be liable for any loss or damage resulting from your failure to comply with these security requirements.
An account is for the use of a single household only, and may only be used by the immediate members of that household. You agree to use the Content you download from this site only with the members of your own household. You agree to not share any of the Content of the Service, including, but not limited to files, texts, images, articles, blocks, lists, plans, arrangements, forum posts, and ebooks, with anyone outside your household, by reprinting, republishing, reposting, or otherwise distributing or transmitting it. You agree not to post any Content from this Service on a website or to upload it to a file-sharing service. You agree not to sell, resell, or exploit for any commercial purpose any of the Content from this Service.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Yesterday's Classics reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify, or move any Content available through the Gateway to the Classics service. You acknowledge that by using the Gateway to the Classics service you may be exposed to Content that is offensive, indecent, or objectionable, and that you use the Gateway to the Classics service at your own risk.
You agree that you are responsible for your own conduct and any Content that you create, transmit, or display while using the Gateway to the Classics service and for any consequences thereof. You agree to use the Gateway to the Classics service only for purposes that are legal, proper, and in accordance with the Terms of Service. Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content.
Yesterday's Classics, LLC does not sell, rent, or give its customer database of names, addresses, telephone numbers, and other data to any other organizations.
Payment for the Service is by annual subscription, paid in advance. No refunds will be given. All payments for the Service are processed by PayPal.
You may cancel your subscription to Gateway to the Classics at any time, through your PayPal account. Yesterday's Classics, LLC will not process a request for cancellation. Once you have cancelled your account, Yesterday's Classics, LLC may delete all the data associated with your account from the Service. No refunds will be given at any time.
Yesterday's Classics, LLC, in its sole discretion, reserves the right to terminate your account for any reason at any time, and to refuse you future access to the Service. You agree that your account may be terminated without prior notice, and without refund, and that all the content associated with your account may be deleted. You acknowledge that Yesterday's Classics, LLC shall not be liable to you for any termination of your access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Yesterday's Classics has no responsibility for the deletion or failure to store any Content generated by you through the use of the Gateway to the Classics service. You acknowledge that Yesterday's Classics, LLC reserves the right to establish limits on the use of the Service, at any time, with or without notice. Limits may be applied to the number of entities you create or the size of messages that you post, as well as any other aspects of the Service.
MODIFICATIONS TO SERVICE
Yesterday's Classics reserves the right to make modifications to the service, with or without prior notice. These modifications may include suspension of the Service for a period of time, or discontinuation of the Service permanently. You acknowledge that Yesterday's Classics, LLC shall not be liable to you for any termination of your access to the Service.
The Gateway to the Classics service may provide, or third parties may provide, links to other World Wide Web sites or resources. Yesterday's Classics, LLC has no control over such sites and resources and you acknowledge and agree that Yesterday's Classics, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Yesterday's Classics, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Gateway to the Classics service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Yesterday's Classics, LLC, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, the Service, or the Software, in whole or in part.
Subject to these Terms of Service, Yesterday's Classics grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software; provided that you do not (and do not allow any third party to) attempt to access the software source code on the server to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided at the Gateway to the Classics site for use in accessing the Gateway to the Classics service..
You agree to hold harmless and indemnify Yesterday's Classics, LLC, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against any third party claim arising from or in any way related to your use of the Service, violation of the Terms of Service or any other actions connected with your use of the Gateway to the Classics service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE GATEWAY TO THE CLASSICS SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YESTERDAY'S CLASSICS, LLC, EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YESTERDAY'S CLASSICS, LLC MAKES NO WARRANTY
THAT THE GATEWAY TO THE CLASSICS SERVICE WILL MEET YOUR
THAT THE GATEWAY TO THE CLASSICS SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE,
THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
GATEWAY TO THE CLASSICS SERVICE WILL BE ACCURATE OR RELIABLE,
THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE GATEWAY TO
THE CLASSICS SERVICE WILL MEET YOUR EXPECTATIONS,
AND THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GATEWAY TO THE CLASSICS SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YESTERDAY'S CLASSICS, LLC OR FROM THE GATEWAY TO THE CLASSICS SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YESTERDAY'S CLASSICS, LLC SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE SITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree that Yesterday's Classics, LLC may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or a posting on the Gateway to the Classics service.
The Terms of Service constitute the entire agreement between you and Yesterday's Classics, LLC and govern your use of the Gateway to the Classics service, superceding any prior agreements between you and Yesterday's Classics for the use of the Gateway to the Classics service.
The Terms of Service and the relationship between you and Yesterday's Classics, LLC shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and Yesterday's Classics, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Orange, North Carolina.
The failure of Yesterday's Classics, LLC. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Gateway to the Classics service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.