This Agreement was last modified on August 9, 2017, and sets out legally binding terms and conditions for your use of Liszt.
NoteForge LLC runs a collection of utilities we call Liszt that aims to let musicians spend less time managing administrative tasks and more time making music.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of the Services, or alternatively by checking a checkbox or clicking a button indicating your acceptance of the Agreement, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access or use any of our Services. You may use the Services only if you can form a binding contract with NoteForge and only in compliance with these Terms and all applicable local, state, national, and international laws, rules, and regulations. The Services will change from time to time as we evolve, refine, or add more features to the Services, often without prior notice to you. In addition, NoteForge may temporarily or permanently stop providing the Services or any features within the Services to you or to your users generally and will make a good faith effort to provide you with a reasonably timely notice before such changes take place.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a Liszt account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
We provide a collection of online web-based services for musician collaboration and administration, including event scheduling, attendance management, file sharing, document management, content management, invoicing and other business management, and sound geolocation, marketed collectively under the name “Liszt.” You may use the Services for your personal and business use or for internal business purposes in the organization that you represent. You may access the Services using any web browser supported by the Services. You are responsible for obtaining access to the Internet and the equipment necessary to use the Services. You can create and edit content with your user account and if you choose to do so, you can publish and share such content.
We will frequently offer certain Services as closed or open beta services ("Beta Service" or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer the Beta Services as commercial services. You will be under no obligation to acquire a subscription to use any paid Service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you. You agree that NoteForge will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on our status website, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms that were in place when the dispute arose.
The Service may include certain communications from NoteForge, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Services. We provide you the option of opting out from receiving newsletters from us, however, you will not be able to opt-out from receiving service announcements and administrative messages.
The Services are available under subscription plans of various durations. Your subscription will be automatically renewed at the end of each subscription period unless you downgrade your paid subscription plan to a free plan where available or inform us that you do not wish to renew the subscription. If you do not wish to renew the subscription, you must inform us at least seven days prior to the renewal date. If you have not downgraded to a free plan and if you have not informed us that you do not wish to renew the subscription, you will be presumed to have authorized NoteForge to invoice the subscription fee to you or charge the subscription fee to the Credit Card last used by you.
From time to time, we may change the price of any Service or charge for use of Services that are currently available free of charge. Any increase in charges will not apply until the expiry of your then-current billing cycle. You will not be charged for using any Service unless you have opted for a paid subscription plan.
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Your use of the Services grants NoteForge a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your content. You are responsible for all content posted and activity that occurs under your account. This means that you grant NoteForge permission to access, copy, distribute, store, transmit, reformat, publicly display, and publicly perform the content of your user account as required for the purpose of providing the Services to you. We may scan content and compile aggregated/anonymized statistics for our internal use to optimize the performance of the Services.
You’re fully responsible for the files you upload and the information you input into Liszt, and it’s your responsibility to ensure that the content abides by applicable laws and by these Terms. If you lose access to your Liszt account, you will not be able to access your content.
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that NoteForge will have the right to block access to or remove such content made available by you if NoteForge receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by NoteForge for this purpose.
This Agreement does not transfer from NoteForge to you any NoteForge or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with NoteForge. NoteForge, Liszt, Encore, Ictus, AudioAtlas, ScoreShare, CallsForScores, the NoteForge logo, the Liszt logo, and all other trademarks, service marks, graphics and logos used in connection with NoteForge or our Services, are trademarks or registered trademarks of NoteForge or NoteForge’s licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any NoteForge or third-party trademarks.
Our Services are provided “as is.” NoteForge and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither NoteForge nor its suppliers and licensors makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk and you will be solely responsible for any damage to your computer system, mobile telephone, wireless device or data that results from the use of the services or the download of any such material. No advice or information, whether written or oral, obtained by you from NoteForge, its employees or representatives shall create any warranty not expressly stated in the Agreement.
In the event of a Security Breach, NoteForge will notify you following the discovery or notification of such Security Breach, in the most expedient time possible under the circumstances, without unreasonable delay, consistent with the legitimate need of applicable law enforcement, and after taking any measures necessary to determine the scope of the Breach and restore the reasonable integrity of the system. NoteForge will send any applicable notifications regarding a security breach via direct communication with you (e.g., phone call, email, etc.). For the purposes of this section, “Security Breach” means an actual disclosure, or reasonable belief that there has been a disclosure by NoteForge of your data to any unauthorized person or entity.
You and NoteForge acknowledge that (a) your data may include personally identifiable information from education records that are subject to FERPA (“FERPA Records”); and (b) to the extent that your data includes FERPA Records, NoteForge will be considered a “School Official” (as that term is used in FERPA and its implementing regulations) and will comply with FERPA.
NoteForge may terminate your access to all or any part of our Services at any time, with or without cause with reasonable and timely notice. If you wish to terminate this Agreement or your Liszt account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You have the right to terminate your user account if NoteForge breaches its obligations under these Terms and in such event, you will be entitled to prorated refund of any prepaid fees.
Upon termination by either you or NoteForge, you will be able to retrieve any and all of your data and information stored within the Service’s databases and storage networks. Data will be retrievable in a common format such as a text or CSV file. You will have thirty (30) days from notice of termination by either you or NoteForge to retrieve your data. After the thirty (30) day period, NoteForge will securely delete all data owned by you, including user names and passwords.
This Agreement constitutes the entire Agreement between NoteForge LLC and You concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of NoteForge, or by the posting by NoteForge of a revised version. This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of North Dakota, except for its conflicts of laws principles, unless otherwise required by a mandatory law of any other jurisdiction.
If you have any questions or concerns regarding this Agreement, please contact us at firstname.lastname@example.org.
Portions of this Agreement were adapted from the WordPress Terms of Service at http://en.wordpress.com/tos/, licensed under a the Creative Commons Atribution-ShareAlike 4.0 license. This Agreement is licensed under the same Creative Commons license (CC BY-SA 4.0).