1.1 Commercial Use.
By registering for a Noteflight account, you agree to access the Noteflight Web Site, Noteflight's content, Noteflight's embedded viewer, and Noteflight's APIs solely for your use. You agree not to rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer your access to the foregoing for commercial gain without Noteflight's prior written approval.
You also agree not to sell advertising, sponsorships, or promotions placed on or within Noteflight's content or embedded viewer.
You also agree not to sell advertising, sponsorships, or promotions on any page of any web site that contains Noteflight content, unless other content not obtained from Noteflight appears on the same page and is of sufficient value to be the basis for such sales, or unless you have received prior written approval from Noteflight.
1.2 Age Restrictions (Basic and Premium).
By registering for an account, you further represent that you are at least 18 years of age, or that you are at least 13 years of age and have your parents' permission to use the Noteflight Web Site. The Noteflight Web Site (specifically Noteflight Basic and Noteflight Premium accounts) is not intended for use by individuals under 13 years old.
1.3 Age Restrictions (EDUCATIONAL PLANS ONLY).
2. Individual Features and Services.
4. Copyright Protections.
4.1 Digital Millennium Copyright Act.
We respect authors' and content holders' rights. Therefore, it is Noteflight's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). Please note that Noteflight may promptly terminate without notice any User's access to the Noteflight Web Site if that User is determined by Noteflight to have infringed the rights of copyright holders.
4.2 Arrangement of Copyrighted Works.
Noteflight members may share their arrangements of copyrighted works for viewing and commenting, provided that the copyrighted work is identified. Noteflight will provide direct links to purchase the official publisher edition of the copyrighted work, when available on Sheet Music Direct, and rights will be administered by Hal Leonard, LLC. Please note the public display of arrangements of copyrighted works on Noteflight is for the purpose of critique, comments, and personal enjoyment, and does not authorize the author to benefit financially from the sale, rental, or licensing of such arrangements. Noteflight reserves the right to remove any arrangement of any song at any time at the request of the administrators of these copyrights.
5. Reservation of Rights.
6. Prevention of Unauthorized Use.
Noteflight reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Noteflight Web Site, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
7. Retention of Ownership in User Content.
You retain all of your ownership rights in original musical scores, audio performances of musical scores, digital musical instrument definitions, and textual comments in musical scores (collectively referred to as "User Content" in this document) which are owned by you.
8. License Grant to other Users.
8.1 Grant of Access To Read Your User Content.
8.2. Grant of Access to Edit Your User Content.
By explicitly permitting another user to edit your User Content, you hereby grant to each such user a perpetual, limited, non-exclusive, non-transferable personal license to copy, distribute and transmit such User Content, and to adapt the original work in any way, provided that such user complies with the licensing terms set forth in the Creative Commons Attribution-Share Alike 3.0 license, available here: http://creativecommons.org/licenses/by-sa/3.0/legalcode.
8.3 Grant of Rights of Use When You Edit Other User's User Content.
When you edit another User's User Content you agree to grant a license to each such User on the terms set forth in the Creative Commons Attribution-Share Alike 3.0 license, available here: http://creativecommons.org/licenses/by-sa/3.0/legalcode.
8.4 Grant of Access to Comment On Your User Content.
Permitting comments on your User Content and the resulting creation of modified content (the "Modified Content") does not confer upon the commenting party any rights of joint authorship in such Modified Content, any rights in the creation of a derivative work based on such User Content, or any other intellectual property rights other than those retained by the commenting party in the comments themselves.
8.5 Grant of Rights of Use When You Comment on Other Users' User Content.
When you comment on another User's User Content and thus create Modified Content you agree to waive any rights of joint authorship in such Modified Content, any rights in the creation of a derivative work based on such User Content, or any other intellectual property rights other than those retained by you in the comments themselves.
You agree that Noteflight shall have no responsibility or liability for any unauthorized use of your User Content and agree that nothing herein creates or implies any liability, express or implied, direct or indirect, contractual or in any other manner whatsoever on the part of Noteflight for any unauthorized use by any party of your User Content.
9. Content Representations and Warranties.
You are solely responsible for your User Content and the consequences of posting or publishing them. By uploading and publishing your User Content, you affirm, represent, and warrant that:
(2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (b) slander, defame, or libel any other person; and
10. User Content Disclaimer.
11. Prohibited Conduct.
By using the Noteflight Web Site you agree not to:
- use the Noteflight Web Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the Noteflight Web Site as such services are offered by Noteflight;
- rent, lease, loan, sell, resell, sublicense, distribute, or otherwise transfer the licenses granted herein, or any Materials (as defined in Section 14), or any User Content, or any renditions of the foregoing into any digital or hardcopy format including but not limited to those containing musical, textual, visual or audio information;
- post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
- post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Noteflight Web Site accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Noteflight Web Site, or perform any other similar fraudulent activity;
- delete the copyright or other proprietary rights on the Noteflight Web Site or User Content;
- create multiple unpaid accounts for the purposes of circumventing feature limitations on account types, such as limitations on the number of scores per account;
- make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Noteflight Web Site. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- use the Noteflight Web Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
- defame, harass, abuse, threaten or defraud anyone, or collect, or attempt to collect, personal information about Users or third parties without their consent;
- remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Noteflight Web Site or User Content, features that prevent or restrict use or copying of any content accessible through the Noteflight Web Site, or features that enforce limitations on the use of the Noteflight Web Site or User Content;
- use sound recordings from the Materials that have been reformatted for use in any other digital sampler or synthesizer, mixed, combined, filtered, resynthesized, or otherwise edited, for use as sounds, multisounds, samples, multisamples, wavetables, programs or patches in a game product, sampler, microchip or any sample playback device.
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Noteflight Web Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- modify, adapt, translate, or create derivative works based upon the Noteflight Web Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
- intentionally interfere with or damage operation of the Noteflight Web Site or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
- relay email from a third party's mail servers without the permission of that third party;
- use any robot, spider, scraper, or other automated means to access the Noteflight Web Site for any purpose or bypass any measures Noteflight may use to prevent or restrict access to the Noteflight Web Site;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Noteflight Web Site;
- interfere with or disrupt the Noteflight Web Site or servers or networks connected to the Noteflight Web Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Noteflight Web Site; or
- post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the Noteflight experience.
When you use the Noteflight Web Site to upload and/or download content or any products, services, or information from Noteflight, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to Noteflight during registration and at all other times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then you agree to immediately notify Noteflight. You may be liable for the losses incurred by Noteflight or others due to any unauthorized use of your Noteflight Web Site account.
13.3 User Content.
Subject to section 7.3 above, upon termination of this agreement by you or Noteflight, Noteflight will discontinue prospective hosting and distribution of your User Content.
14. Ownership; Proprietary Rights.
16.1 No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NOTEFLIGHT, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOTEFLIGHT OR THROUGH THE NOTEFLIGHT PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 16, THE TERM NOTEFLIGHT INCLUDES NOTEFLIGHT'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
16.2 "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE NOTEFLIGHT.COM SITE IS AT YOUR SOLE RISK. THE NOTEFLIGHT.COM SITE AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE NOTEFLIGHT.COM SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE," "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
16.3 Platform Operation and User Content.
NOTEFLIGHT, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT (INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE NOTEFLIGHT.COM SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
NOTEFLIGHT, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE NOTEFLIGHT.COM SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
16.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE NOTEFLIGHT.COM SITE OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
16.6 Uploaded Content.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY NOTEFLIGHT HEREIN ARE USED IN CONJUNCTION WITH THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.
17. Limitation of Liability and Damages.
17.1 Limitation of Liability.
17.2 Limitation of Damages.
17.3 Limitations by Applicable Law.
18.3 Governing Law.
18.8 Entire Agreement.
You agree that any cause of action arising out of or related to the Noteflight Web Site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The Noteflight Web Site is operated by Noteflight LLC, located in Somerville, Massachusetts and at the email address firstname.lastname@example.org.
One or more patents owned by Noteflight apply to the Noteflight Web Site and to the features and services accessible via the Noteflight Web Site, including U.S. Patent No. 8,389,843.
19. Payment and Subscriptions
If you purchase a paid Noteflight subscription, you understand that use of the services through the Noteflight Web Site will result in payments by you for the services you receive (“Charges”). After you have purchased such a paid Noteflight subscription, Noteflight will process payment of the applicable Charges, using the preferred payment method designated in your account, and will send you a receipt by email. Taxes are in addition to Charges. To the extent permitted by applicable law, Charges paid by you are final and non-refundable, unless otherwise determined by Noteflight. Any request for lower Charges or disagreement with the Charges should be addressed to Noteflight by contacting email@example.com. We reserve the right to establish, remove and/or revise Charges for any or all aspects of the Noteflight Web Site at any time in our sole discretion, by posting or otherwise delivering notice to you. Any use of the Noteflight Web Site after a notice of new or revised Charges has been posted on the Noteflight Web Site or delivered to you will be deemed your acceptance of these new or revised Charges. Noteflight may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Noteflight Web Site or the Charges applied to you.
When you purchase any time-based paid Noteflight subscription, auto-renewal will automatically be selected in your account with respect to such paid Noteflight subscription. At the end of each selected subscription period, an order will automatically be placed for you for the applicable subscription renewal and Noteflight will process payment of the applicable Charges, using the preferred payment method designated in your account, and will send you a receipt by email for such subscription. If you do not wish your subscription to auto-renew, you may cancel your subscription at any time on your account prior to the end of your current subscription term or email us at firstname.lastname@example.org.
19.2 Subscription Duration
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