TERMS & CONDITIONS

This page and any pages it links to explains Rogue Opera's Terms & Conditions. You must agree to these to use the Rogue Opera VIP Pass website.

ABOUT US

Welcome to The Rogue Opera VIP Pass.  The Rogue Opera VIP Pass (“VIP Pass”) is a subscription service that provides our VIP Pass Subscribers with access to live and recorded content created exclusively for Rogue Opera, available to view streamed and on-demand on our platform http://vip.rogueopera.co.uk. The VIP Pass supports most major and current browsers.  If you have any questions regarding technical requirements, please contact us at: info@rogueopera.co.uk

The Rogue Opera VIP Pass and this website (the “Site”) are provided by Rogue Opera LLP, OC420047 (the “Company”). If you would like to contact us, click here.

Definitions

These Terms and Conditions  govern your use of our subscription service and the Site. As used in these Terms & Conditions, "VIP Pass" "Service" or "our Service" means the subscription service provided by Rogue Opera for viewing our content, including all features and functionalities, website, software, apps and user interfaces.  A “Subscriber” is defined as a Rogue Opera customer who has agreed to these terms, subscribed to either a monthly, annual or other length subscription, and/or created a VIP Pass account.  For purposes of these Terms & Conditions, a Subscriber includes end users who have enrolled in a free trial or other promotional offer permitting use of or access to the VIP Pass.

Acceptance of Terms & Conditions

These Terms & Conditions, which include our Privacy Policy  govern your use of the VIP Pass and the Site. By using our Service, enjoying a free trial, creating an account or browsing the Site, you accept and agree to these Terms & Conditions.

Your statutory right to change your mind

You have a legal right to change your mind within 14 days and receive a refund. Cancellations during your 7 day free trial period require no further action. If you cancel in the first week of your full membership please contact us via email for your full refund.

Please read these Terms & Conditions carefully before you subscribe. These Terms & Conditions tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these Terms & Conditions or have any questions, please contact us to discuss.     

Changes to Terms & Conditions

Rogue Opera may, from time to time, change these Terms & Conditions, including the Privacy Policy.  Revisions shall be effective immediately; provided however, for existing Subscribers significant and material revisions, including for example changes to subscription fees, shall be effective thirty (30) days after Rogue Opera sends an email notice to the Subscriber.

If a change to these Terms & Conditions needs to be made more quickly for security, legal or regulatory reasons we will inform Subscribers as soon as reasonably possible.

Your use and our provision of the VIP Pass is subject to the Rogue Opera Privacy Policy.  Our use of any personal data we obtain from you is subject to our Privacy Policy and is compliant with the European Union’s General Data Protection Regulation (GDPR). All data pertaining to your payments is held and processed securely by Stripe, acting as a Data Processor on our behalf (https://stripe.com/dpa/legal).

Rogue Opera Membership, Free Trials, Billing and Cancellation

Memberships
    • Monthly Memberships. Your Rogue Opera Monthly Membership, which will start with a free 7 day trial period, will continue month-to-month unless and until you affirmatively cancel your Membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (“Payment Method”), to use the VIP Pass Service. We will bill the monthly Membership fee to your Payment Method. You must cancel your Membership before it renews each month in order to avoid billing of the next month's Membership fees to your Payment Method.
    • Annual Memberships. Your Rogue Opera Annual Membership will continue for a full twelve (12) month period, and thereafter will continue and renew automatically for additional twelve (12) month periods unless and until you affirmatively cancel your Membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted Payment Method to use the VIP Pass Service. We will bill the annual Membership fee to your Payment Method, and will bill the renewal to your Payment Method prior to the expiration of your current Membership term. You must cancel your Membership before it renews each year in order to avoid billing of the next year’s Membership fees to your Payment Method. You'll receive a courtesy email before the renewal of your Annual membership.
      • Alternative Memberships. We may offer a number of Membership plans, including special promotional plans or Memberships with different conditions and limitations. Any materially different terms from those described in these Terms & Conditions will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Membership with Rogue Opera by visiting the Site and clicking on the "Your Account" page link.
    • Modification, termination or amendment of subscription plans. We reserve the right to modify, terminate or otherwise amend the subscription plans we offer from time to time. Upon termination of any plans by us, any outstanding subscription fees paid by the Subscriber will be refunded on a pro-rata basis calculated from the date of termination of the plans, no later than 30 days after the termination date.
Free Trials 
    • Your Rogue Opera subscription may start with a free trial. The free trial period of your subscription lasts for the period specified during sign-up, except that access to a free trial subscription will end immediately upon cancellation during the free trial period.  Free trials are for new Subscribers only. Some Subscriber benefits may not be available to persons enjoying the free trial service.  Rogue Opera reserves the right, in its absolute discretion, to determine your free trial eligibility.
    • We will automatically begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription unless you cancel prior to the end of the free trial period. To view the specific details of your subscription, including your monthly, annual, or other subscription price and end date of your free trial period, visit Your Account.
    • YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL PERIOD HAS ENDED OR THAT THE PAYING PORTION OF YOUR SUBSCRIPTION HAS BEGUN. SELECT “YOUR ACCOUNT” TO FIND CANCELLATION INSTRUCTIONS. WE WILL CONTINUE TO BILL YOUR PAYMENT METHOD ON A MONTHLY, ANNUAL OR OTHER BASIS FOR YOUR SUBSCRIPTION FEE UNTIL YOU CANCEL. SEE "CANCELLATION" BELOW.
Billing
    • Recurring Billing. By starting your subscription and providing or designating a Payment Method, you authorise us to charge you a monthly or annual (or other applicable period) subscription fee at the then current subscription rate, and any other charges you may incur in connection with your use of the Service. You acknowledge that the amount billed each month, or each year (as applicable), may vary from month to month (or year to year) for reasons that may include differing amounts due to applicable taxes, promotional offers, and/or changing or adding a plan, and you authorise us to charge your Payment Method for such varying amounts.
    • Price Changes. We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms & Conditions, any price changes to your Service will take effect no earlier than 30 days following email notice to you.
    • Applicable sales/service or value added taxes are included in advertised prices for the Service, and will be applied as applicable in those provinces, states and countries where taxes apply to your Subscription.
    • Billing Cycle. The Subscription fee for our VIP Pass will be billed at the beginning of the paying portion of your Subscription and each month or year thereafter (as applicable) unless and until you cancel your subscription. We automatically bill your Payment Method each month or year on the calendar day corresponding to the commencement of your paying subscription. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Rogue Opera monthly subscription or became a paying Subscriber on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your subscription. Visit the Site and click on the link to the “My Account” page Billing Information section to see the commencement date for your next renewal period and your “Next Billing Date”. We may authorise your Payment Method in anticipation of Subscription or service-related charges. As used in these Terms & Conditions, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
Refunds
    • PAYMENTS FOR ‘TASTER TREAT’ AND ALL GIFT MEMBERSHIPS  ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.
    • Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods
    • You may edit your Payment Method information by visiting our Site and clicking on the “Your Account " page link. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorise us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details. We may also cancel or suspend your access to the VIP Pass if you do not pay us as required by your subscription terms.
Cancellations
    • You may cancel your subscription at any time, and you will continue to have access to the Site through the end of your monthly or annual billing period, as applicable. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL YEAR SUBSCRIPTION PERIODS OR UNWATCHED CONTENT. To cancel, go to the “Your Account” page link on the Site and follow the instructions for cancellation.
    • If you cancel your subscription, your basic account and details will remain in the system to allow you to upgrade or rejoin at any time. If you wish for your personal data to be erased and your account to be permanently deleted from our system, please contact us via email.

Communication Preferences

    • Rogue Opera, as necessary, may send you electronic communications relating to your subscription account and any other information necessary in order to carry out our obligations (please see our Privacy Policy for details). These communications may involve sending emails to your email address provided during registration posting communications on the Site, or on the "Your Account” page and will include notices about your account (e.g. payment authorisations, confirmation e-mails, legal notices and other transactional information, etc.)
    • By using Rogue Opera, the Site, or sending emails to us, you also consent to receiving electronic communications relating to Rogue Opera products and services and receiving other communications from Rogue Opera such as emails, special offers, promotional announcements and customer surveys. If you no longer want to receive these communications, you may designate your preferences by going to the Your Account page on our website. Please review our Privacy Policy for further detail on our marketing communications.

Other Important Rogue Opera  Subscription Service Terms

    • You must be 18 years of age, or the age of majority in your state, province, territory or country, to subscribe to the Service.  Individuals under the age of 18, or applicable age of majority, may utilise the Service only with the involvement and authorisation of a parent or legal guardian, under such person's account and otherwise subject to these Terms & Conditions.
    • THE VIP PASS, AND ANY CONTENT VIEWED THROUGH OUR SERVICE, IS AVAILABLE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY. During your subscription, we grant you a limited, non-exclusive, non-transferable, license to access the VIP Pass for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for commercial purposes, public performances, conferences, classrooms or large group viewings, and agree not to share or transfer your Account Login information with any third party.  For information on a license to enable commercial use, public performance or large group viewings, please contact us by email at bronwen@rogueopera.co.uk.
    • You agree to use the VIP Pass, including all its features and functionalities, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms & Conditions) course content, video or audio clips, images, screen grabs or information contained on or obtained from or through the VIP Pass without express written permission from Rogue Opera. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the VIP Pass in anyway; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs.
    • We intend to continually update the VIP Pass Service, including adding to the content available through the Service. We also reserve the right to remove content from the Service at our discretion.  In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice.
    • The availability of the VIP Pass content will change from time to time, and may vary from country to country. Some, but not all, VIP Pass content will be available in HD, and HD service availability is subject to your Internet service and device capabilities.  The quality of the display of the streaming aspects of the Service may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.
    • We may terminate or restrict your use of the Site , without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms & Conditions or (ii) engaged in illegal or improper use of the VIP Pass.
    • We may have to suspend access to the Site, or the Service, to address technical problems or make minor technical changes, or update the Service to reflect changes in relevant laws and regulatory requirements. We will do our best to contact you in advance to tell you we will be temporarily suspending supply of the VIP Service, unless the problem is urgent or an emergency.

Passwords & Account Access

    • In order to access and use certain features or functionality of the Site, including accessing the VIP Pass, we will require you to register and have a unique username and password combination (“User Details”) and provide certain information, which may include, without limitation, your name, address and email, etc.  If you elect to become a registered user or a Subscriber, you are responsible for maintaining the strict confidentiality of your User Details, and you shall be responsible and liable for any access to or use of the Site by you or by any person or entity using your User Details, whether or not such access or use has been authorised by you or on your behalf, including, without limitation, any purchases.  You agree to immediately notify us of any unauthorised use of your User Details or Account, or any other breach of security.  It is your sole responsibility to (i) control the dissemination and use of your User Details and User Account, (ii) update and maintain the accuracy of, and control access to, your User Details and Account, and (iii) cancel your User Account on the Site.  We are not responsible or liable for any loss that you incur as a result of someone else using your User Details and/or Account due to your acts or omissions.
    • In order to provide you with ease of access to your account and to help administer the Service, Rogue Opera implements technology that enables us to recognise you as the Subscriber and provide you with direct access to your Account without requiring you to retype any password or other user identification when you revisit the Service, which includes accessing via www.rogueopera.co.uk.
    • Rogue Opera or its payment processors reserve the right to place any account on hold anytime with or without notification to the Subscriber in order to protect itself and its vendors from what it believes to be fraudulent activity or violations of these Terms & Conditions. Rogue Opera is not obligated to credit or discount a Subscriber for holds placed on the account by either a Rogue Opera representative or by the Rogue Opera automated processes due to improper or fraudulent Subscriber activity.

Content Uploaded To The Site or Provided To Us Directly

    • The Site and related mobile applications may make chat rooms, forums, commenting and message boards available to you and other users, and may allow you to make contact with other users.
    • You may send comments, information, ideas, concepts, reviews, or techniques and other material relating to Rogue Opera and our content and Services (“Communications”) directly to us by any method including via the aforementioned chat rooms, forums, commenting and message board, by responding to questionnaires and through postings to the Rogue Opera  Site and user interfaces.
    • Your Communications must not contain harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, other personal information; misleading information regarding the origin of the Communication; or a discussion of the Company’s policies or services.
    • We do not regularly review the Communications posted on our Site or related mobile applications.  However, we reserve the right to review, reject, remove or edit any such Communications at any time without notice to you in our sole and absolute discretion, for any reason or no reason. Any Communication will be considered non-confidential and non-proprietary and we may use Communications for the purposes set forth under the “Use of Communications: License Grant” section below.
Use of Communications: License Grant
    • The Company is free to use the content of any Communications, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing/advertising courses or products and creating, modifying or improving the Site, VIP Pass or our other Rogue Opera products and services.
    • Furthermore, by providing a Communication to us by any method, including but not limited to, posting a Communication on our Site, submitting a Communication to us via the Site, by mail or email, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Communication submitted in any media, software or technology of any kind now existing or developed in the future. In addition, you irrevocably waive all moral rights you may have under applicable law which you have in the Communications.
    • By providing a Communication, you understand and agree that you are consenting to the release of all information provided in your Communication, including your rating of a product or service, to a public forum, including other users of our Site. If you do not want your responses to be shared in a public forum, do not use any such feature on our Site.

Customer Support

To find more information about our Service and its features, or if you need assistance with your account, please visit our FAQs In the event of any conflict between these Terms & Conditions and information provided by Customer Support or other portions of our website, these Terms & Conditions will prevail.

Linking to and Links from Our Site

Where our Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have not reviewed the content of those websites and have no control over the content of those websites or resources, and accept no responsibility for them or for any loss, damage or effect that may arise from your use of them. We are not responsible for and do not endorse or warrant any materials, information, goods or services available through any linked websites. These third party websites have separate and independent privacy statements, notices and Terms & Conditions, which we recommend you read carefully.

Disclaimers/Limitations of Liability

    • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees or agents; for fraud or fraudulent misrepresentation; or for breach of your mandatory legal rights in relation to the products.  Such legal rights will depend on consumer protection law applicable in your local jurisdiction but may include, for example, rights to receive digital content which are as described and of satisfactory quality.
    • The company specifically disclaims liability for the use of devices in connection with the VIP Pass, content or our streaming service. Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following:
        • any failure or interruption in the availability of streaming service due to causes outside our control;
        •  any losses or damages arising from the use of the products, content or services provided on our site, through streaming service or otherwise;
        •  any use of the VIP Pass or the site which isn't authorised by us;
        • incompatibility of the VIP Pass or content with any third party software or hardware;
    • In no event shall our total liability to you for damages for losses arising from the use or inability to use the VIP Pass, our content or services or the site, exceed the total amount of the subscription fees you have paid Rogue Opera LLP.
    • Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the company’s, its affiliates’, agents’, licensors’ and suppliers’ damages in such jurisdictions shall be limited to the extent permitted by law.
Waiver
    • If we fail, at any time to insist upon strict performance of any of your obligations under our agreement with you or any of these Terms & Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms & Conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.  No waiver by us of any of these Terms & Conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Law and Jurisdiction
    • Agreements for the purchase of Rogue Opera products and Services through the Site, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), will be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdictions of the courts of England and Wales.

Complaints and Dispute Resolution

 

Effective: August, 2020

 

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