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Terms of Use and Legal Agreement between Opera Lively and User

The Opera Lively Web Site is comprised of various Web pages operated by Opera Lively. In addition to operating its Web Site, Opera Lively operates a journalistic organization that publishes interviews, articles, press releases, advertisements, classifieds, and announcements, both on the Internet and in hard copy or printed format, including formats such as books, handouts, newsletters, or magazines, and an online store intended to sell these articles to the public at large. By accessing the web site, logging into it, reading it, downloading materials from it, uploading materials to it, granting interviews to Opera Lively journalistic operation by replying to Opera Lively interview questions in person, by phone, by teleconference, or by email, in voice or in writing, soliciting the publication by Opera Lively of announcements, advertisement, classifieds, or press releases, you are an Opera Lively User, and shall abide by this agreement in all your dealings with Opera Lively and its content both online and printed.

The Opera Lively Web Site and its journalistic operation are offered to you and publish information about you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Opera Lively Web Site and or your agreement with granting interviews to the journalistic operation of Opera Lively and or soliciting the publication by Opera Lively of press releases and announcements constitutes your agreement to all such terms, conditions, and notices.

SOLE AND PRINCIPAL AGREEMENT

THIS AGREEMENT IS THE SOLE LEGAL AGREEMENT BETWEEN OPERA LIVELY AND USER, AND OR INTERVIEWEE, PUBLICIST, PR AGENT, MANAGER, MARKETING DEPARTMENT, PRESS DEPARTMENT, AND OR OTHER PERSONS OR ORGANIZATIONS THAT INTERACT WITH OPERA LIVELY ON BEHALF OF THE USER AND OR INTERVIEWEE, AND OVERRIDES ANY OTHER SET OF RULES WHERE CONFLICT EXISTS BETWEEN THAT SET OF RULES AND THIS AGREEMENT. THIS AGREEMENT ALSO OVERRIDES ANY STATEMENT TO THE CONTRARY MADE OR IMPLIED IN ANY WAY, SHAPE, OR FORM IN ANY OTHER PART OF THE OPERA LIVELY WEB SITE INCLUDING ANY STATEMENT MADE BY OPERA LIVELY'S OWNERS AND STAFFERS.

MODIFICATION OF THESE TERMS OF USE

Opera Lively reserves the right to change the terms, conditions, and notices under which the Opera Lively Web Site and its journalistic content are offered, including but not limited to the charges associated with the use of the Opera Lively Web Site and its journalistic content and printed materials.

LINKS TO THIRD PARTY SITES

The Opera Lively Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Opera Lively and Opera Lively is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Opera Lively is not responsible for webcasting or any other form of transmission received from any Linked Site. Opera Lively is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Opera Lively of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Opera Lively Web Site, you warrant to Opera Lively that you will not use the Opera Lively Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Opera Lively Web Site in any manner which could damage, disable, overburden, or impair the Opera Lively Web Site or interfere with any other party's use and enjoyment of the Opera Lively Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Opera Lively Web Sites.

USE OF COMMUNICATION SERVICES

The Opera Lively Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations.

Opera Lively has no obligation to monitor the Communication Services. However, Opera Lively reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Opera Lively reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Opera Lively reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Opera Lively's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Opera Lively does not control or endorse the content, messages or information found in any Communication Service and, therefore, Opera Lively specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers, moderators, staffers, and hosts are not authorized Opera Lively spokespersons, and their views do not necessarily reflect those of Opera Lively.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Opera Lively OR POSTED AT ANY Opera Lively WEB SITE or printed and published by Opera Lively

Opera Lively does not claim ownership of the materials you provide to Opera Lively (including feedback and suggestions) or post, upload, input or submit to any Opera Lively Web Site or its associated services, or say to Opera Lively in an interview (in voice or in writing), or submit to Opera Lively as a press release, announcement, advertisement, or classified (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, or by soliciting publication of press releases or other announcements, or replying to questions asked by Opera Lively's journalists with the purpose of publishing interviews on Opera Lively and or its printed materials, you are granting Opera Lively, its affiliated companies and necessary sublicensees permission to use your Submission, Press Releases, Announcements, and Interview Answers, in connection with the operation of their Internet businesses and Journalistic businesses (online or in print), including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, print (including in book or magazine, newsletter, and handout formats), publish, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. In cases when your submission is made available to the public by Opera Lively in printed format (books, handouts, magazines, newsletters), by submitting your submission, you are granting to Opera Lively the right to sell these materials and products for the sole profit of Opera Lively through its online store and or through other vendors.

No compensation will be paid with respect to the use of your Submission, as provided herein. Opera Lively is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Opera Lively's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Opera Lively WEB SITE or the Opera Lively Journalistic Operation and print publications in book, magazine, newsletter, or handout formats MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Opera Lively AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Opera Lively WEB SITE and print materials AT ANY TIME.

ADVICE RECEIVED VIA THE Opera Lively WEB SITE or print materials SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Opera Lively AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Opera Lively WEB SITE or published and printed by Opera Lively in hard copy formats such as books, handouts, newsletters, or magazines, FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND PRINT MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Opera Lively AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS AND PRINT MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Opera Lively AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Opera Lively WEB SITE OR ITS JOURNALISTIC OPERATION AND PRINT MATERIALS, WITH THE DELAY OR INABILITY TO USE THE Opera Lively WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OR PRINT MATERIALS OBTAINED THROUGH THE Opera Lively WEB SITE OR ITS JOURNALISTIC OPERATION, OR OTHERWISE ARISING OUT OF THE USE OF THE Opera Lively WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Opera Lively OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Opera Lively WEB SITE OR ITS JOURNALISTIC OPERATION AND PRINT MATERIALS, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Opera Lively WEB SITE OR READING ITS PRINT MATERIALS.

SERVICE CONTACT : almavivatmm@yahoo.com

TERMINATION/ACCESS RESTRICTION

Opera Lively reserves the right, in its sole discretion, to terminate your access to the Opera Lively Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the Opera Lively Web Site and its journalistic and print operations. Use of the Opera Lively Web Site and its journalistic content and print materials is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Opera Lively as a result of this agreement or use of the Opera Lively Web Site or journalistic operation and print operation. Opera Lively's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Opera Lively's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Opera Lively Web Site or journalistic content or print operations or information provided to or gathered by Opera Lively with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user, interviewee, PR agent, manager, marketing department agent or press department staff and Opera Lively with respect to the Opera Lively Web Site, its journalistic operations, and its publishing and print operations, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user, interviewee, PR agent, manager, marketing department agent or press department staff and Opera Lively with respect to the Opera Lively Web Site, its journalistic operations, and its publishing and print operations. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Opera Lively Web Site are: Copyright 2011-2021 by Opera Lively or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Send Notices or Claims of Copyright Infringement to almavivatmm@yahoo.com.

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Official Media Partners of Opera Carolina

Opera Lively is the Official Media Partner of Opera Carolina

Official Media Partners of NC Opera

Opera Lively is the Official Media Partner of North Carolina Opera

Official Media Partners of Greensboro Opera

Opera Lively is the Official Media Partner of Greensboro Opera

Official Media Partners of The A.J. Fletcher Opera Institute and Piedmont Opera

Opera Lively is the Official Media Partner of The A.J. Fletcher Opera Institute
of the University of North Carolina School of the Arts and Piedmont Opera

Official Media Partners of Asheville Lyric Opera

Opera Lively is the Official Media Partner of Asheville Lyric Opera

Official Media Partners of UNC Opera

Opera Lively is the Official Media Partner of UNC Opera
Dept. of Music, UNC-Chapel Hill College of Arts and Sciences

www.operalively.com

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