Last updated: February 4, 2016
YOUR USE OF THIS APP, THE SERVICES IT ENABLES, RELATED WEBSITES AND/OR THE CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. YOU MUST BE AT LEAST 18 YEARS OLD TO USE THE APP OR SERVICES, OR, IF YOU ARE BETWEEN THE AGES OF 13 AND 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE APP OR SERVICES AND YOU REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION. CHILDREN UNDER THE AGE OF 13 MAY NOT USE THE APP OR SERVICE OR REGISTER FOR AN ACCOUNT.
MuseAmi, Inc. (“Company”) provides software applications and related websites (collectively, the “App”) that allow users to interact with notated music (commonly known as sheet music) by photographing it (the “Services”). The Services enable fully automated MIDI playback, key and tempo adjustment, transposition, storage and other digital interaction with music.
3. Limitations on Use; Third Party Communications.
3.1. Limitations on Use.
(a) You may not decompile, recompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the App or the Content. You may not use any network monitoring or discovery software to determine the App’s architecture, or extract information about usage, individual identities or users. You may not use any robot, spider, crawler, scraper or any other automatic software or a camera or other device, or manual process to monitor or copy the App or the Content. Unless permitted by law or license, you may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, noncommercial or public purposes all or any portion of the App or the Content. You may not use, transfer, distribute or dispose of the App, the Content or the Services in any manner that could compete with the business of Company. You may not use or otherwise export or re-export the App or any portion thereof, or the Content in violation of the export control law and regulations of the United States of America. Any unauthorized use of the App, the Services or the Content is prohibited.
3.2. Third Party Communications. Company disclaims all liability for any Third Party Communications, as defined below, that you may receive and any actions you may take or refrain from taking as a result of any Third Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third Party Communications. Company assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third Party Communications. As used herein, “Third Party Communications” means any communications directed to you from any third party directly or indirectly in connection with the App, the Content or the Services.
5. Registration. Registration. Certain sections of the App require you to register. If registration is required, you agree to provide accurate and complete registration information. It is your responsibility to inform Company of any changes to that information. Each registration is for a single individual only unless otherwise specifically agreed between you and Company. Company does not permit i) anyone other than you to use or access the Content or sections of the App requiring registration or to make use of the Services by using your name or password; or ii) access through a single name that is made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Company immediately by emailing firstname.lastname@example.org.
6. Errors and Corrections. Company does not represent or warrant that the App, the Content or the Services will be error-free, free of viruses or other harmful components, or that defects will be corrected or that they will always be accessible. Company does not warrant or represent that the Content or the Services available on or through the App will be correct, accurate, timely, or otherwise reliable. Company may make improvements and/or changes to its features, functionality, the App, the Content or the Services at any time.
7. Assumption of Risk. You are solely responsible for ensuring that your use of the App and the Services complies with applicable law and does not violate the rights of any third party, including, without limitation, copyright rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the App and/or Services.
8. DISCLAIMER. THE APP, THE CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, AND/OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THE APP, THE CONTENT, OR THE SERVICES INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY APPS OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE APP, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THE APP, THE CONTENT, THE SERVICES OR ANY PORTION THEREOF, (E) YOUR USE OF THE APP, THE CONTENT OR THE SERVICES, AND (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE APP, THE CONTENT OR THE SERVICES.
9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE APP, THE CONTENT, THE SERVICES, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY THIRD PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE APP, THE CONTENT, THE SERVICES OR ANY THIRD PARTY COMMUNICATIONS. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP OR SERVICES, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR COPYRIGHT INFRINGEMENT. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, COMPANY’S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO $100.00, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF COMPANY AND ALL PARTIES TO ANY SUCH PROCEEDING.
11. Third Party Rights. The provisions of paragraphs 8 (Disclaimer), 9 (Limitation of Liability) and 10 (Indemnification) are for the benefit of Company and its present and future officers, directors, employees, agents, licensors, suppliers, and any third party providers to the App. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Please direct any questions, complaints or claims regarding the App or the Service to:
100 Canal Pointe Boulevard, Suite 117,
Princeton, NJ 08540