TERMS & CONDITIONS

The CantiLingua Service Conditions of Use

THE CANTILINGUA SERVICE
CantiLingua Limited and its affiliates (“CantiLingua”) are pleased to offer a service that permits users to discover, purchase, receive and play audio recordings of spoken texts of major Czech operas and Czech songs (“CantiLingua Content”) through CantiLingua’s websites, including CantiLingua.com. If you use the CantiLingua Service, you accept these conditions of use (“Conditions of Use”). Please read them carefully. In addition to the Conditions of Use, you will also be subject to the CantiLingua Purchase Terms & Conditions, which govern any purchase you make through the CantiLingua Service and any other policies, guidelines, terms and agreements posted on, or otherwise made available to you through, the CantiLingua Service (collectively, the “Terms”). If these Conditions of Use contradict such Terms, the Terms will control.

PRIVACY
Please review our Privacy Notice, which also governs your visit to CantiLingua.com, to understand our practices.CantiLingua.com knows that you care how information about you is used and shared and we appreciate your trust in us to do that carefully and sensibly. This notice describes the privacy policy of CantiLingua.com. By visiting CantiLingua.com, you are accepting and consenting to the practices described in this Privacy Notice.

The information we learn from customers helps us personalise and continually improve your shopping experience at CantiLingua.com. We use the information to handle orders, deliver products and services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. We also use this information to improve our store and platform, prevent or detect fraud or abuses of our website and enable third parties to carry out technical, logistical or other functions on our behalf.

Here are the types of information we gather:
1. Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customising future shopping for you, improving our stores, and communicating with you.

2. Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use "cookies" and we obtain certain types of information when your Web browser accesses CantiLingua.com or advertisements and other content served by or on behalf of CantiLingua.com on other Web sites.

3. E-mail Communications: To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from CantiLingua.com if your computer supports such capabilities. We also compare our customer list to lists received from other companies in an effort to avoid sending unnecessary messages to our customers. If you do not want to receive e-mail or other mail from us, please adjust your Contact Preferences.

4. Information from Other Sources: We might receive information about you from other sources and add it to our account information.

Cookies:
1. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognise your browser and to store items in your Shopping Basket between visits.

2. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer.

​

However, because cookies allow you to take advantage of some of CantiLingua.com's essential features, we recommend that you leave them turned on.If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.

Information about our customers is an important part of our business, and we are not in the business of selling it to others. CantiLingua.com shares customer information only as described below and customer information are either subject to this Privacy Notice or follow practices at least as protective as those described in this Privacy Notice.

1. Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include sending postal mail and e-mail, removing repetitive information from customer lists, analysing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes. Further, they must process the personal information in accordance with this Privacy Notice and as permitted by US and EU Member‘s various Data Protection Acts.

2. Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise). Also, in the event that CantiLingua, Company, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.

3. Protection of CantiLingua.com and Others: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of CantiLingua.com, our users, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in a way that is contrary to the commitments made in this Privacy Notice.

4. With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.
Whenever we transfer personal information to countries outside of the European Economic Area in the course of sharing information as set out above, we will ensure that the information is transferred in accordance with this Privacy Notice and as permitted by the applicable laws on data protection.

Security of information
1. We work to protect the security of your credit card information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

2. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.

3. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable customer information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you.

4. It is important for you to protect against unauthorised access to your password and to your computer. Be sure to sign off when finished using a shared computer.

Our site may include third-party advertising and links to other Web sites. We do not provide any personally identifiable customer information to these third-party Web sites.
These third-party websites, or Internet advertising companies working on their behalf, sometimes use technology to send (or "serve") advertisements directly to your browser. They may automatically receive your IP address when this happens. They may also use cookies, JavaScript, web beacons (also known as action tags or single-pixel gifs), and other technologies to measure the effectiveness of their ads and to personalize advertising content. We do not have access to or control over cookies or other features that they may use, and the information practices of these third-party Web sites are not covered by this Privacy Notice. Please contact them directly for more information about their privacy practices. In addition, the Network Advertising Initiative offers useful information about Internet advertising companies (also called "ad networks" or "network advertisers"), including information about how to opt-out of their information collection.

CantiLingua.com gives you access to a broad range of information about your account and your interactions with CantiLingua.com for the limited purpose of viewing and, in certain cases, updating that information. This list will change as our website evolves.

1. As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of such CantiLingua.com features as special sales and promotions, Customer Reviews or Recommendations. You can add or update certain information on pages such as those referenced in the previous section. When you update information, we usually keep a copy of the previous version for our records.

2. If you do not want to receive e-mail or other mail from us, please adjust your Contact Preferences. (If you do not want to receive Conditions of Use and other legal notices from us, such as this Privacy Notice, those notices will still govern your use of CantiLingua.com and orders placed with CantiLingua.com, and it is your responsibility to review them for changes.)

3. The Help portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the Web site of its manufacturer. However, because cookies allow you to take advantage of some of CantiLingua.com's essential features, we recommend that you leave them turned on. 

Conditions of Use, Notices, and  Revisions

If you choose to visit CantiLingua.com, your visit and any dispute over privacy is subject to this Privacy Notice and to our Conditions of Use, including limitations on damages, resolution of disputes, and choice of law. If you have any concern about privacy at CantiLingua.com, please contact us with a thorough description, and we will try to resolve the issue for you. Our business changes constantly, and our Privacy Notice and our Conditions of Use will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our website frequently to see recent changes. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

ELECTRONIC COMMUNICATIONS
When you use the CantiLingua Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on or through the CantiLingua Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
 

COPYRIGHT
All content included in or made available through the CantiLingua Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and CantiLingua Content, is the property of CantiLingua or its content suppliers and protected by Czech Republic and international copyright laws. The compilation of all content accessible through the CantiLingua Service is the exclusive property of CantiLingua and protected by the Czech Republic and international copyright and database right laws.
 

TRADEMARKS
CantiLingua, CantiLingua.com and other graphics, logos, page headers, button icons, scripts, and service names included in or made available through the CantiLingua Service are trademarks or registered trademarks of CantiLingua in the European Union and other jurisdictions. CantiLingua's trademarks and trade dress may not be used in connection with any product or service that is not CantiLingua's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CantiLingua. You may not use any CantiLingua logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from CantiLingua. All other trademarks not owned by CantiLingua that appear in the CantiLingua Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CantiLingua.
 

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, CantiLingua or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the CantiLingua Service. Additional license terms may be found in the Terms. This license does not include any resale or commercial use of the CantiLingua Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the CantiLingua Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.​
 

All rights not expressly granted to you in these Conditions of Use or any applicable Terms are reserved and retained by CantiLingua or its licensors, suppliers, publishers, rightsholders, or other content providers. Neither the CantiLingua Service nor any part of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CantiLingua. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CantiLingua without express written consent. You may not use any meta tags or any other "hidden text" utilizing CantiLingua's name or trademarks without the express written consent of CantiLingua. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CantiLingua.com so long as the link does not portray CantiLingua, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CantiLingua logo or other proprietary graphic or trademark as part of the link without express written permission.
 

You may not misuse the CantiLingua Service. You may use the CantiLingua Service only as permitted by law. The licenses granted by CantiLingua terminate if you do not comply with these Conditions of Use or any applicable Terms.
 

YOUR ACCOUNT
As a registered user of the CantiLingua Service, you may receive or establish one or more passwords and accounts ("CantiLingua Account"). If you use the CantiLingua Service, you are responsible for maintaining the confidentiality of your CantiLingua Account(s) and for restricting access to your computer(s) or device(s), and you agree to accept responsibility for all activities that occur under any of your CantiLingua Accounts. CantiLingua does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the CantiLingua Service only with the involvement of a parent or guardian. CantiLingua reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
We may permit visitors to post reviews, comments, photos, and other content; send messages and other communications; and submit suggestions, ideas, comments, questions, or other information. You agree that any content you contribute and any communications you send using means we provide will not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a message or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
If you do post content or submit any material to us, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CantiLingua and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CantiLingua for all claims resulting from content you supply. We reserve the right (but not the obligation) to monitor and edit or remove any activity or content. CantiLingua takes no responsibility and assumes no liability for any content posted by you or any third party.

​

PRODUCT DESCRIPTIONS
CantiLingua attempts to be as accurate as possible. However, CantiLingua does not warrant that product descriptions or content available through the CantiLingua Service is accurate, complete, reliable, current, or error-free.
 

OTHER BUSINESSES
We may offer content from parties other than CantiLingua and may permit parties other than CantiLingua to provide services or sell products through the CantiLingua Service. We may also provide links through the CantiLingua Service to the websites of affiliated companies and certain other businesses. We are a distributor, not a publisher, of any materials we offer from third parties and are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals, the content we obtain from them or the content of their websites. CantiLingua does not assume any responsibility or liability for the actions, product, and content of any third parties. You should carefully review their privacy statements and other conditions of use.
 

REMOVAL OF CANTILINGUA CONTENT OR OTHER MATERIALS
We reserve the right to remove or disable access to any CantiLingua Content or any other materials posted to or otherwise displayed through the CantiLingua Service, including any CantiLingua Content that violates or otherwise allegedly infringes on the copyright or other intellectual property, proprietary, or other rights of any person, company or other entity. We will not be liable for the removal of or disabling of access to any CantiLingua Content or materials.

TERMINATION
Your right to use the CantiLingua Service will automatically terminate if you violate these Conditions of Use or any other Terms. In case of such termination, we may terminate your access to the CantiLingua Service without notice and you will not receive a full or partial refund of any fees already paid. Our failure to insist upon or enforce your strict compliance with the Conditions of Use or any other Terms will not constitute a waiver of any of our rights.
 

TERMINATION OF CANTILINGUA SERVICE
Our business may change over time and we reserve the right to modify the CantiLingua Service. We also reserve the right to suspend or discontinue the CantiLingua Service or your use of the CantiLingua Service, in whole or in part, at any time with or without notice and without liability to you.
 

LOSSES
CantiLingua will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the CantiLingua Service, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the CantiLingua Service or when a contract for the sale of goods by us to you was formed. CantiLingua does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
 

APPLICABLE LAW AND DISPUTES
By using the CantiLingua Service, you agree that these conditions are governed by and construed in accordance with the laws of European Union, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the non-exclusive jurisdiction of the Czech courts.
 

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our Terms. We reserve the right to make changes to the CantiLingua Service, these Conditions of Use and any Terms at any time. Your continued use of the CantiLingua Service following any changes will indicate your acceptance of such changes. If you do not agree to a change, you must immediately stop using the CantiLingua Service. If any Terms or these Conditions of Use are deemed invalid, void, or for any reason unenforceable, that condition or term shall be deemed severable and shall not affect the validity and enforceability of any remaining condition or term.

CantiLingua Purchase Terms and Conditions


Any user may purchase CantiLingua Content on an "A La Carte" basis. CantiLingua members also may purchase content using membership credits in accordance with the terms set forth in the CantiLingua Terms. By making a purchase through the CantiLingua Service you agree to be bound by these CantiLingua Purchase Terms and Conditions.

Purchases of CantiLingua Content
1. CantiLingua Content License. When you purchase CantiLingua Content, CantiLingua grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such CantiLingua Content to your computer and/or other device(s) solely for your personal, non-commercial use. You agree to not otherwise copy, reproduce, distribute or use the CantiLingua Content other than as expressly set forth herein. You will not sell, transfer, lease, modify, distribute or publicly perform the CantiLingua Content in any manner and you will not exploit it commercially. You agree to not modify, reverse engineer, decompile or disassemble the CantiLingua Content, or otherwise tamper with the CantiLingua Content or create any derivative works therefrom.

2. Pricing. With respect to all A La Carte purchases, except where noted otherwise, any list price displayed represents the full retail price listed on the CantiLingua Content itself, as determined by CantiLingua, or as suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. Prices are subject to change at any time in CantiLingua's sole discretion. CantiLingua cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we may at our discretion cancel your order.

3. Delivery of CantiLingua Content. All CantiLingua Content you purchased will be delivered to you by instant downloading.

4. Risk of Loss. Once we have made CantiLingua Content available to you, you will bear the risk of loss for completing any download of CantiLingua Content after purchase and for any loss of CantiLingua Content you have downloaded, including any loss due to a file corruption or a device or hard drive crash. Purchased CantiLingua Content will generally continue to be available in your CantiLingua Account but may become unavailable due to possible content provider licensing restrictions or other reasons, and CantiLingua will not be liable to you if CantiLingua Content becomes unavailable for further download. You will not receive a full or partial refund of any fees already paid in such situations. Accordingly, we encourage you to download CantiLingua Content promptly after purchase and to make a back-up copy. If you are unable to complete a download after having reviewed our online help resources, please contact CantiLingua customer service.
5. Payments. You must have a valid payment instrument, such as a credit card or other permitted payment method, on file in your CantiLingua Account in order to use the CantiLingua service.