Terms of Service

Date of issuance: 30.09.2020

The Platform ClasseekLink (“Platform”), available at the address https://www.classeek.com, is owned and operated by Classeek SA, with its headquarters at EPFL Innovation Park, Building F, 1015 Lausanne (Switzerland) (“Classeek”). Classeek may be contacted by email at the address info@classeek.com.

1.     Description of the Platform

The Platform is a place where classical music professionals may connect with the entire classic community. It may be considered as a service provider and a professional networking platform for classical music professionals or anyone interested by classical music with access to customised tools and trusted information.

The artists and performers may connect, message, post and share their profiles, references and programs in a way that allows them to increase their visibility to managers and presenters and to facilitate the exchanges. They may publish their own content on the Platform.

The managers and presenters may be helped by the Platform in the talent assessment and their decision making, in particular thanks to the service of artists’ data analysis which allows an assessment of artists with the delivery of various graphs.

Anyone who registers on the Platform or who visits it is considered as a user (“User”) in the meaning of these Terms of Use.

2.     Acceptance of the Terms of Use

These terms of use (“Terms of Use”) set out the legal terms and conditions on which Classeek allows the User to access and use the Platform. By accessing, browsing or otherwise using the Platform, the User acknowledges that they have read and understood these Terms of Use and agrees to be bound by them and to comply with all applicable laws and regulations. The User warrants that they have the legal capacity to enter into these Terms of Use. If the User does not agree with these Terms of Use, they shall immediately refrain from accessing and/or using the Platform.

Classeek reserves the right to make any changes to these Terms of Use, at its sole discretion. The continued use of the Platform, with or without having expressly accepted the new Terms of Use, shall constitute consent. If the User does not agree to such changes, they have no right to obtain information or access to the Platform and must immediately cease use of it. The User is responsible for verifying regularly these Terms of Use in their current version, an up-to-date version of which may be retrieved at any time on the Platform.

3.     Privacy

By using the Platform, the User acknowledges that Classeek may collect, process and use personal data about them. Such information collected through the Platform shall only be used in accordance with the Privacy Policy, the terms of which are hereby incorporated into these Terms of Use.

4.     Users’ obligations

The User is entitled to use the Platform only in conformity with the laws of Switzerland and any other laws that apply to them. They may solely make a legal use of this Platform and any illegal or inappropriate use of the Platform is banned.

In particular, theUser agrees not to do any of the following in connection with the use of the Platform:

-       upload, post, transmit, distribute or otherwise make available any material that contains software viruses or any other computer programs that may harm the Platform or the interests or property of the Users or of Classeek;

-       copy, modify, scrape or distribute rights or content from the Platform in any way;

-       use any content or information of the Platform to compete with Classeek;

-       commercialise any code or information or software associated with the Platform;

-       access or try to gain access data contained in a non-public part of the Platform without having been granted the right to use it;

-       use the Platform in any way that, in the sole judgment of Classeek, is objectionable, illegal, inappropriate or which restricts or inhibits any other person from using the Platform, or may harm or make liable Classeek or itsUsers;

-       use or attempt to use another's account or create a false identity;

-       provide misleading or deceptive information;

-       share false information or use the Platform to shock or intimidate others;

-       share pornographic or violent content on the Platform;

-       facilitate or assist another person to do any of the above acts.

5.     Intellectual property rights

Intellectual property rights, such as brands, logos, designs, photos, domain names and all other property rights in the content available on the Platform are the exclusive property of Classeek and its licensors. This includes rights to all software associated with the Platform. Nothing in these Terms of Use constitutes a transfer of any intellectual property rights.

6.     Licenses

Classeek grants theUser a limited, non-exclusive, non-transferable, and revocable license to use the Platform for their personal, non-commercial use, and to display the content of the Platform on their computer screen or on other devices (such as smartphones or tablets), subject to the compliance with these Terms of Use. All other uses are prohibited without Classeek’s prior written consent.

In case of a publication on the Platform by the User, the latter grants Classeek an unlimited, non-exclusive and non-revocable license to use, display and modify the content published.

7.     Registration

The use of thePlatform may require opening an account, all information being subject to thePrivacy Policy.

The User must ensure that the personal information given for the registration process is accurate, complete and respects in all aspects the Terms of Use. The information must be kept up-to-date.  

The access to the Platform is secured by a username and a password. The Users may not communicate their login information with any third-party. The Users are solely responsible for any use of their login information, including by third-parties. In case of such misuse or any doubt of such misuse, the User must inform immediately Classeek. It is of the User’s responsibility to un-log from the Platform at the end of its use.

Each User may not have more than one account and may not transfer it to a third-party. If a User has been blocked from the Platform by Classeek or if the account has been terminated, for whatever the reason, this User may not register for a new one, unless Classeek agrees to this in writing.

The email address chosen for the registration process shall be used by Classeek to communicate with the User in any case Classeek would consider useful in its sole discretion. Any email sent by Classeek on this email address shall be deemed well received and notified.

Classeek may block, terminate or suspend the User’s account or ability to use or access the Platform, in whole or in part, without notice and at all time, at the sole discretion of Classeek.

8.     Fees

The use of the Lite version of the Platform is free. Some other paid services will be offered. The fees and payment modalities for those paid services are indicated in specific conditions, that are available online when asking for those services.

9.     Security

The User shall know the risks in relation to the use of Internet. However, Classeek takes security matters seriously and makes all the reasonable efforts to ensure the best possible security level according to its means. In this regard, Classeek takes standard security measures, implemented by specialists.

10.   Limitation of liability

Within the limits of the law, Classeek excludes all and any warranty, guarantee and responsibility in relation to or subsequent to the Platform.

In particular, Classeek does not give any warranty in relation with any information published or available on the Platform, should it be its availability, accuracy or lawfulness. Classeek does not warrant that the Platform will be available at all time and expressly reserves the possibility to discontinue the Platform without notice.

Classeek shall not be liable for any damages of any kind, including loss of income or data, suffered by the User or any third-party, by act of Classeek or of a third-party.

11.   Assignment

Users may not transfer any of their rights or obligations under these Terms of Use without Classeek’s prior written consent.

Classeek may transfer all of its rights and obligations under these Terms of Use without the Users’ prior consent, including any personal data, in order to ensure the continued operation of the Platform.

12.   Termination

Classeek may block, terminate or suspend any account or ability to use or access the Platform, in whole or in part, without notice and at all time, at the sole discretion of Classeek, as well as close the Platform. No reimbursement of any paid amount will occur in case of the closure of an account or of the Platform.

13.   Final provisions

The User may terminate their account at any time by providing Classeek with notice of termination in accordance with the instructions available on thePlatform. Their access to, use of, or participation in the Platform, including any content therein, may be prevented by Classeek at any time after the termination of the account.

If any provision of these Terms of Use is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

These Terms of Use, as well as all matters arising out or in relation to them (including non-contractual disputes or claims and their interpretation)shall be governed by the laws of Switzerland, to the exclusion of the rules on conflicts of laws.

Any claim or dispute in relation to these Terms of Use (including for non-contractual disputes or claims and their interpretation) shall be subject to the exclusive jurisdiction of the Courts of Lausanne, Switzerland.  

14.   How to contact Classeek

For any general inquiries or complaints regarding content, the User may contact Classeek either by mail at Classeek SA, EPFLInnovation Park, Building F, 1015 Lausanne (Switzerland) or by email at the address info@classeek.com.