1. ACCEPTANCE OF TERMS
and incorporated here by reference constitute the agreement (“Agreement”) between You and the Provider.
If You do not agree to any of these terms, or the Openmusic privacy notice, please do not use Openmusic.
2. THIRD PARTY WEBSITES
A. Openmusic may contain links to third-party websites and/or APIs that are not owned or controlled by the Provider. The Provider has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Provider will not and cannot censor or edit the content of any third-party site. By using the Service, You expressly relieve the Provider from any and all liability arising from Your use of any third-party website or API.
A. In order to access some features of the Service, you will have to create an Openmusic account. You may never use another's account without permission. When creating Your account, You must provide accurate and complete information. You are solely responsible for the activity that occurs on Your account, and You must keep your account password secure. You must notify the Provider immediately of any breach of security or unauthorized use of Your account.
B. Although the Provider will not be liable for your losses caused by any unauthorized use of Your account, You may be liable for the losses of the Provider or others due to such unauthorized use.
C. You will not create an account if You are under 16 years of age.
D. You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate account termination.E. The Provider reserves the right to terminate any account without notice.
4. GENERAL USE OF OPENMUSIC
A. You agree not to distribute in any medium any part of Openmusic, including but not limited to User Submissions (defined below), without the Provider’s prior written authorization, or, in the case of User Submissions, without the prior written authorization of the User who submitted the content.
B. You agree not to alter or modify any part of the Openmusic platform.
C. You agree not to access User Submissions (defined below) or Openmusic Content through any technology or means other than Openmusic itself.
D. You agree not to use Openmusic for any commercial use without the prior written authorization of the Provider. Prohibited commercial uses include any of the following actions taken without the Provider’s express approval:
* sale of access to the Service;
* use of the Service for the primary purpose of gaining advertising or subscription revenue;
* the sale of advertising on Openmusic or any third-party website, targeted to the content of specific User Submissions or Openmusic Content;
* any use of the Service that the Provider finds, in its sole discretion, has the effect of competing with or displacing the market for Openmusic, Openmusic Content, or its User Submissions.
E. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses Openmusic in a manner that sends more request messages to the Openmusic servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, the Provider grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Provider reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from Openmusic, nor to use the communication systems provided by Openmusic (e.g. comments, chat, messaging) for any commercial solicitation purposes.
G. The Provider reserves the right to discontinue any aspect of the Service at any time.
5. USE OF CONTENT ON THE SITE
In addition to the general restrictions above, the following restrictions and conditions apply specifically to Your use of content on Openmusic.
A. The content on Openmusic, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Provider, subject to copyright and other intellectual property rights under the law. Content is provided to You AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Provider reserves all rights not expressly granted in and to the Openmusic and the Content.
B. You may access User Submissions solely for your information and personal use; and as intended through the normal functionality of the Service.
C. You may access Openmusic Content, User Submissions, and other content only as permitted under this Agreement. The Provider reserves all rights not expressly granted in and to the Content and the Service.
D. You agree to not engage in the use, copying, or distribution of any of the Content or User Submissions of third parties obtained through Openmusic other than expressly permitted herein.
E. You agree not to circumvent, disable or otherwise interfere with security-related features of Openmusic or features that prevent or restrict use or copying of any Content or enforce limitations on the use of Openmusic or the Content therein.
F. You understand that when using Openmusic, You will be exposed to User Submissions from a variety of sources, and that the Provider is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that You may be exposed to User Submissions that are offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Provider with respect thereto, and agree to indemnify and hold the Provider, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Service.
6. USER SUBMISSIONS AND CONDUCT
A. As an Openmusic account holder, You may submit textual, audio, visual, or audiovisual content including but not limited to music, lyrics/poetry, profile images, and instant messages. User submitted content is collectively referred to as "User Submissions”. You understand that whether or not such User Submissions are published, the Provider does not guarantee any confidentiality with respect to any User Submissions.
C. For clarity, You retain all of Your ownership rights in Your User Submissions. However, by submitting User Submissions to Openmusic, You hereby grant the Provider a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with Openmusic. You also hereby grant each User of the Service a non-exclusive, non-commercial license to access Your User Submissions through Openmusic. You understand and agree that the Provider may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted.
D. In connection with User Submissions, You further agree that You will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner(s) and the necessary consents from any individuals whose personally identifiable information is contained in such material, to post the material and to grant the Provider all of the license rights granted herein.
E. You further agree that You will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations.
F. The Provider does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. The Provider does not permit copyright infringing activities and infringement of intellectual property rights on Openmusic, and will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. The Provider reserves the right to remove Content and User Submissions without prior notice.
7. ACCOUNT TERMINATION POLICY
A. The Provider will terminate a User's access to Openmusic if, under appropriate circumstances, the User is determined to be an infringer.
8. COPYRIGHT POLICY
As part of the Openmusic copyright policy, the Provider may terminate User access to the Service if a User has been determined to be an infringer. To file a copyright infringement notification, You will need to send a communication with all of the following information in it, using this format:
1. Include a statement telling us that You have found content on Openmusic which You believe infringes Your copyright (for example, "I hereby confirm that I believe the audio file identified below infringes my copyright").
2. Tell us which country Your copyright applies to.
3. Tell us the title of the content concerned.
4. Explain to us in what way that content infringes Your copyright.
5. Identify details of (e.g. title, publisher, dates, etc.) the copyright work which You own the rights in, and which You believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
6. Let us have contact information so that we can get in touch with You (email address is preferred).
7. Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with You to resolve Your complaint directly (email address is preferred).
8. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use."
9. Sign the notice. If You are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
10. Send the notice, in English, to the following address:
Attn: Openmusic Copyright Infringement Notification
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. Make sure You know whether the content that You have discovered on Openmusic infringes Your copyright. Be aware that there may be adverse legal consequences in Your country if You make a false or bad faith allegation of copyright infringement using this process.
If You submit a User Submission to Openmusic then You authorize the Provider to act as Your agent to issue take down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows for the submission of requests to Internet service providers for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services. In general You will be responsible for monitoring and enforcing Your rights in Your User Submissions, however, in certain cases if the Provider becomes aware of infringement of User Submissions and/or Content from Openmusic, then the Provider may in its sole discretion elect to issue take down notices under the DMCA or similar legislation to attempt to curtail such infringement.
9. WARRANTY AND CONDITION DISCLAIMER
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING OPENMUSIC) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, FOR THE SERVICE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE.
THE PROVIDER MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OPENMUSIC CONTENT OR THE CONTENT OF ANY SITES LINKED TO OPENMUSIC AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE OPENMUSIC SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OPENMUSIC, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OPENMUSIC BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OPENMUSIC. THE PROVIDER EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. THE PROVIDER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OPENMUSIC OR ANY HYPERLINKED WEBSITE AND THE PROVIDER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.
10. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE OPENMUSIC SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OPENMUSIC, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OPENMUSIC BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OPENMUSIC, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE PROVIDER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE PROVIDER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Provider makes no representations that Openmusic is appropriate or available for use. Those who access or use Openmusic do so at their own volition and are responsible for compliance with local law.
12. ABILITY TO ACCEPT TERMS OF SERVICE
TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND THE PROVIDER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE OPENMUSIC MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.