Welcome to our Website. MFSFFR, LLC, DBA The Opera Insider (“TOI”) maintains this Website, www.theoperainsider.net (the “Website”) as a service to our customers.  By using this Website, you are agreeing that you have read, and understood, and agree to comply with and be bound by these Terms of Use (the “Agreement”).  Please review the following terms carefully.

In order to participate in Website’s interactive features, you must first join with TOI through TOI’s online registration process at: http://theoperainsider.net/home/membership. Regardless of whether you are a participant or only a visitor to the Website, your conduct on the Website is governed by this Agreement and the TOI Privacy Policy.

1.    User Guidelines

Access to this Website is limited to viewing the linked web pages solely for legitimate purposes to access the information provided by TOI.  TOI visitors are solely responsible for compliance with all laws, rules and regulations, federal, state, local, and/or foreign, applicable to the use of this Website and the information, content, material and services contained herein.  By using the Website, you represent that you are 13 years of age or older and will comply with the Visitor Online Conduct Rules set forth discussed below.

You are solely responsible for any actions you undertake while visiting this Website and for the content of, and any harm or consequences resulting from any of your postings or submissions to the Website (collectively, "Contributions"). You represent, warrant, and agree that you:

• will use this Website only for lawful purposes and will not violate any applicable local, state, federal, and/or international law, rule or regulation applicable to this Website and the Internet, including without limitation United States copyright laws;
• will use this Website only for its intended purposes;
• will submit only truthful and accurate information to the Website;
• own or have sufficient rights, licenses, permissions, copyrights, and/or consents to post your Contributions, on or through Website; 
• have fully complied with any third-party licenses relating to Contributions, agree to pay for all royalties, fees, and any other monies owning any person by reason of Contributions that you posted to or through Website; 
• will not post Contributions that violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of TOI or any person or entity; 
• will not post or otherwise distribute on this Website Contributions that: (i) are defamatory, damaging, disruptive, unlawful, inaccurate, pornographic, vulgar, indecent, profane, hateful, offensive (based on race, ethnicity, gender, sexuality, or other characteristics), obscene, lewd, lascivious, filthy, threatening, intimidating, excessively violent, harassing, or otherwise objectionable or incite, encourage or threaten harassment or physical or emotional harm against another, including but not limited to Contributions that promote racism, bigotry, sexism, religious intolerance or harm against any group or individual, (ii) are intended to or are likely to offend or emotionally harm a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for TOI, its shareholders, employees, agents, affiliates or any such similarly situated persons or entities or (iii) contain material that solicits personal information from anyone under 13 or exploits anyone in a sexual or violent manner; 
• will not post Contributions that contain advertisements or solicit any person to buy or sell any unauthorized products or services; 
• will not use the Website for any unauthorized purpose including collecting user names and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email or other electronic communications or engaging in unauthorized framing of, or linking to, the Website without the express written consent of TOI; 
• will not disrupt or interfere with any other visitor’s use of this Website nor post Contributions that constitute, contain, install or attempt to install, or promote spyware, malware, or other computer code, whether on TOI or others’ computers or equipment, designated to enable you or others to gather information about or monitor the online or other activities of another party; 
• will not disrupt this Website, interfere with or compromise the security of this Website;
• will not transmit chain letters, bulk or junk email or interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website, including, without limitation, hacking into the Website, or use the system to send unsolicited or commercial emails, bulletins, comments, or other communications; and
• will not impersonate any other person or entity, sell or let others use your profile or password, provide false or misleading identification or address information, or invade the privacy, or violate the personal or proprietary right, of any person or entity. 
• will not, if you are located in a country subject to a commerical embargo by the United states or are on the U.S. Treasury Department’s list of Specially Designated Nations, engage in commercial activities on or through the Website, including but not limited ot becoming a paying member of TOI, offering for sale any item, purchasing or selling any item or making payments of any kind through the Website.
  

You acknowledge that TOI does not necessarily pre-screen or approve Submissions, and that TOI may in its sole discretion refuse or remove any Submission for any reason and TOI reserves the right to prohibit any conduct involving this Website that it deems to be inappropriate.

2.    User Misconduct

TOI may, but is not required to: (a) monitor or review the Website for violations of this Agreement and/or for compliance with TOI’s policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates this Agreement; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any Contribution or any portion thereof that may violate this Agreement, the law or any TOI policy or are excessive in size or burdensome, may violate the law, this Agreement, or any TOI Policy; and/or (d) manage the Website in a manner designed to protect the rights and property of TOI and others or to facilitate the proper functioning of the Website.

WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, TOI RESERVES THE RIGHT TO, IN TOI’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO, AND USE OF, THE WEBSITE TO    Q ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.  IN THE EVENT OF BREACH OF THIS AGREEMENT BY A PARTICIPANT, TOI WILL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY PARTICIPANT.

3.    Term

Even after your use of the Website is terminated, this Agreement will remain in effect, including sections 2-7, 9-11, and 13-19, which shall survive termination of this Agreement. You may close your participant account by sending us an e-mail asking to terminate your membership and/or subscription. (Refer to Member FAQs). Upon termination of your account for any reason, TOI will close your account, and you will no longer be able to retrieve materials contained in the account.  Any information you had posted on the site will be permanently deleted.

4.    Accuracy of Content

All information, content, Contributions and other material comprising or made available on this Website (“Content”) serves informative purposes only and is not binding upon TOI.  TOI recommends that users exercise their own skill and care with respect to their use of this Website and that users carefully evaluate the accuracy, currency, completeness, and relevance of the material on the Website for their purposes. TOI does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose, or available at any particular time. TOI makes no representation that the information contained on the Website is appropriate or available for use in all countries, and access to information from places where the Website's Content is illegal is prohibited.

5.    Risk of Harm

Please note that there are risks, including but not limited to the risk of physical harm, in dealing with strangers, including persons who may be acting under false pretenses and/or false names. Please choose carefully the information you post on the Website and that you give to other Website users. You are discouraged from posting the following information on the Website: your full name, telephone numbers, and street addresses, or personal e-mail addresses. Despite this prohibition, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through the Website. We expect that you will use caution and common sense when using the Website.

6.    Copyright, Trademark, and Intellectual Property

All Content (including, without limitation, any computer source code, object code, html code or other code, video and audio files, 3-D models, navigation schemes and layout comprising this Website) is owned by or licensed to TOI. The copyright in and to this Website and all Content is owned by TOI.  TOI retains and reserves all rights in and to this Website and all Content.  The reproduction, distribution, transmission, display, or use of this Website and any Content is prohibited without the prior written consent of TOI.

TOI grants you permission to display, copy, distribute, print and/or download the Content on this Website for your personal use only. Except as expressly authorized by TOI, if you display, copy, distribute, print and/or download the Content on this Website, then you may not modify that Content and you must retain all copyright and other proprietary notices contained in this Website and the Content.

The permission granted herein terminates automatically if you breach this Agreement.  Upon termination of such permission, you must immediately and permanently delete and destroy any Content you displayed, copied, distributed, printed and/or downloaded.

“TOI,” “The Opera Insider” the tagline, “Experiencing life from both sides of the curtain” and “Toi Store,” “Toi Trax,” “TOI Gram(s),”  “TOI,” page headers, scripts, logos, and button icons are either registered trademarks, trademarks, trade names, service marks, or otherwise protected property of TOI and may not be used, copied, or imitated without the prior written consent of TOI.

TOI intellectual property may not be used in connection with any service or information that is not TOI’s.  TOI intellectual property may not be used in any manner that is likely to cause confusion among consumers or in any manner that disparages TOI.  Other trademarks, trade names, company names, service marks and otherwise protected property displayed on this Website are the property of their respective owners and are subject to the terms and conditions applied by those owners to their intellectual property.  You may not mirror any Content contained in this Website on any other Website or server.

TOI may terminate the account and access rights of any repeat infringer of intellectual property rights. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user submission or content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act section below.

7.    License to Contributions

TOI requires a license from you so that we can use your Contributions on the Website or elsewhere. By making a Contribution to the Website, you grant to TOI a worldwide, perpetual, non-exclusive, fully-paid, and royalty-free (meaning that TOI is not required to pay you to use your Contribution), sublicensable (meaning that TOI can sublicense its rights to, for example, professional directors and managers, agents, opera companies, philanthropic organizations, etc.) and worldwide license to use, modify, create derivative works of, publicly perform publicly display, reproduce, rent, resell, and distribute the Contribution.

8.    Digital Millennium Copyright Act, Transmission of Third Party Content

You may not copy to, upload to, post to or otherwise distribute on, this Website anything protected by copyright or other proprietary rights unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution.

Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof.

The unauthorized use, uploading, posting, and/or distribution of content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.

TOI, its shareholders, officers, directors, employees, agents or affiliates, are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

TOI, pursuant to the Digital Millennium Copyright Act, designates Carol Maxym, CEO to receive complaints and notices of suspected copyright infringement.  If you believe that your work has been copied and is accessible on this Website in a way that constitutes infringement, you may notify TOI by providing 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, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on this Website where the material that you claim is infringing is located;
Your address, telephone number and e-mail address;
A 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 are authorized to act on the copyright owner’s behalf.
       
Carol Maxym, President, can be reached via e-mail at carol@theoperainsider.com or via regular mail: MFSFFR Media, LLC, P. O. Box 11492, Honolulu, HI 96828.

9.    Ownership of Third Party Content

TOI may display Contributions and other Content supplied by visitors and other third parties on its Website. TOI maintains no editorial control over this Content.  The Content supplied by visitors and other third parties belongs to the respective owners of that Content.

TOI, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTRIBUTIONS OR OTHER CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.

TOI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, (WHETHER EXPRESS OR IMPLIED) INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND ANY CONTRIBUTIONS AND OTHER CONTENT COMPRISING THIS WEBSITE SUPPLIED BY THIRD PARTIES.

TOI SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS, DAMAGE OR HARM CAUSED BY YOUR OR ANYONE ELSE’S RELIANCE ON CONTRIBUTIONS OR OTHER CONTENT AVAILABLE ON THIS WEBSITE SUPPLIED BY THIRD PARTIES.  YOU ARE SOLELY RESPONSIBLE FOR EVALUATING AND ACTING ON ANY CONTRIBUTIONS OR OTHER CONTENT AVAILABLE ON THIS WEBSITE.

10.    Editing, Deleting, and Modification

TOI reserves the right in its sole discretion to edit, delete, modify, suspend, or discontinue any Content, feature, aspect, product, or service comprising, or available through, this Website at any time. TOI may alter the availability of any feature of this Website or service at any time. 

11.    Indemnification

You agree to indemnify, defend and hold TOI and its shareholders, officers, directors, employees, agents and affiliates (collectively, “Affiliated Parties”) harmless from any damages, liability, loss, claim, demand, and expense, including reasonable attorneys’ fees, related to your use of the Website, Contributions or other Content in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

12.    Access Nontransferable

Your right to use this Website is not transferable.  Any password or right given to you to obtain access to this Website is not transferable.

13.    Disclaimers

THIS WEBSITE IS PROVIDED “AS IS,” AND “AS AVAILABLE.”  TOI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEBSITE, THE CONTRIBUTIONS OR OTHER CONTENT, PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THIS WEBSITE.  TOI DOES NOT WARRANT THAT THIS WEBSITE WILL BE AVAILABLE AT ALL TIMES OR THAT A VISITOR’S USE WILL BE CONTINUOUS AND/OR ERROR FREE.  TOI DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, THAT THE CONTENT, PRODUCTS AVAILABLE THROUGH THIS WEBSITE ARE ACCURATE, RELIABLE, OR CURRENT.

TOI HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE OPERATION OR USE OF THIS WEBSITE INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 

By operating the website, TOI does not represent or imply that TOI endorses any Contributions or any other Content or items available on or linked to by the Website, including without limitation content hosted on third party websites, or that TOI believes Contributions or any other Content or items to be accurate, useful or non-harmful. TOI cannot guarantee and does not promise any specific results from use of the Website. No advice or information, whether oral or written, obtained by you from TOI or the Website shall create any warranty not expressly stated herein.

YOU AGREE TO VISIT THIS WEBSITE SOLELY AT YOUR OWN RISK.  YOU AGREE TO USE THIS WEBSITE AND ANY CONTENT AVAILABLE ON OR THROUGH THIS WEBSITE SOLELY AT YOUR OWN RISK.

TOI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

TOI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED ON OR THROUGH THE TOI WEBSITE, AND TOI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY SUCH TRANSACTION.

14.    Limitation of Liability

NEITHER TOI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE, UNDER ANY CIRCUMSTANCES, TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, INJURY TO PROPERTY OR PERSON, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM USE OF THIS WEBSITE, MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS, VIRUSES, AND/OR DELAYS IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE, OR WHICH RESULT FROM ACTS OF GOD, NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, OR ANY OTHER CAUSE, EVEN IF TOI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TOI’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED [$100].

15.    Use of Information

TOI reserves the right, and you grant authorization, to use and assign all of your personal information provided by you in a manner consistent with our Privacy Policy.  To know what privacy measures TOI has taken and what information we retain from your visit to this Website, please read our Website Privacy Policy, which is incorporated herein by reference.

16.    Change of Terms

These Terms of Use supercede any prior and contemporaneous agreements, representations, warranties and understandings with respect to the Website or the Content provided by or through the Website and the subject matter thereof.  By using this Website, you agree to these Terms of Use as well as any posted changes of these Terms of Use.  We reserve the right to change these Terms of Use at any time.  We ask that you review these Terms of Use from time to time to ensure you are familiar with the most current version of it. (Please see the TOI homepage for announcements regarding modifications to these terms.) If you do not agree to TOI’s Terms of Use, DO NOT use this Website.

17.    Links to Other Websites
   
The Website may contain links to other websites.  We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by TOI.  Inclusion of any linked website on this Website does not imply approval or endorsement of the linked website by TOI.  If you decide to leave our Website or access these third-party sites, you do so at your own risk.

THIS AGREEMENT DOES NOT APPLY TO THIRD PARTY WEBSITES. BEFORE VISITING A THIRD PARTY WEBSITE BY MEANS OF THE WEBSITE OR A LINK LOCATED ON THE WEBSITE, USERS SHOULD REVIEW THE THIRD PARTY WEBSITE’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER WEBSITE DOCUMENTS, AND INFORM THEMSELVES OF THE REGULATIONS, POLICIES AND PRACTICES OF SUCH THIRD PARTY WEBSITES.

18.    Venue and Jurisdiction

Claims relating to this Website, to the use of this Website, and to the information, content material and services available through this Website are governed by the laws of the United States of America and the State of Hawaii, as applicable.  You hereby unconditionally, voluntarily and irrevocably consent to the exclusive jurisdiction and venue of the United States District Court for the District of Hawaii in any claim or dispute concerning, relating to, or arising from this Website and any information received from or through this Website.  You agree not to plead forum non conveniens in any such action and you consent to service of process.

You agree that TOI cannot be liable for any dispute that arises between you and any other user or participant. Notwithstanding the foregoing, if you are not a United States national, any controversy or claim concerning, relating to, or arising from this Website and any information received from or through this Website shall be resolved by final and binding arbitration in Honolulu, Hawaii, in accordance with the International Arbitration Rules of the American Arbitration Association before a single arbitrator.  The arbitrator shall be empowered to grand injunctive or other equitable relief, as well as award appropriate attorney fees and costs (including costs associated with the arbitration proceeding itself) to the prevailing party in any arbitration.  The language of the arbitration shall be English.

The Website is controlled and offered by TOI from the United States of America. TOI makes no representations that the Website is appropriate or available for use in other locations. Users who access or use the Website from other jurisdictions do so at their own risk and must at all times comply with local law.

19.    General Provisions

Severability

If any provision of these Terms of Use is held invalid or unenforceable in whole or in part in any jurisdiction, that provision shall be ineffective in that jurisdiction without affecting the validity or enforceability of the remaining provisions of these Terms of Use.

Headings of the Terms of Use

The section headings used in these Terms of Use are for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.
Entire Agreement

These Terms of Use constitute the entire and only agreement between you and TOI and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.
No Waiver

The failure to enforce any provision of these Terms of Use shall not be deemed a waiver of such provision nor of the right to enforce such provision.

Independent Contractors

Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between TOI and any user.

Assignment

You may not assign your rights under this Agreement to any third party; TOI may assign its rights under this Agreement without condition.

Acceptance

I understand that by using this Website, I am subject to the terms and conditions set forth herein and I accept and agree to be bound by all such terms and conditions.

If you do not agree to the terms and conditions herein, YOU MAY NOT use this Website.

Date of last update: September 18, 2011