Terms of Service

Last updated: March 26, 2018

Welcome to the Scoremusic paperless sheet music world! These Terms of Service govern your use and access to our services, including software and services of Scoremusic WEB and APP ("Services"). Our Privacy Policy explains how we collect and use your information. By using our Services, you're agreeing to be governed by these Terms and our Privacy Policy.
Please read the Terms of Service and Privacy Policy carefully as you are agreeing to be bound by them.

In order to use Scoremusic Services, you need to register an account by following the registration process as described in the User Guide.

Your Content & Your Permissions
When you use our Services, you provide us with your content - like digital sheet music files ("Your Content"). Your Content is yours. These Terms don't give us any rights to Your Content except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting Your Content, backing it up. Our Services also provide you with features like easy sorting, annotating, sharing annotations and searching. These and other features may require our systems to access, store and scan Your Content. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

Your Responsibilities
You are solely responsible for your own Content. Content in the Services may be protected by others' intellectual property rights. Please don't copy or import Content unless you have the right to do so.

We may review your Content for compliance with these Terms, but we have no obligation to do so. We aren't responsible for the Content people import via the Services.

Help us keep you informed and Your Content protected. Safeguard your password to the Services, and keep your account information current. Don't share your account credentials or give others access to your account except for the group users with linking codes.
You may use our Services only as permitted by applicable law, including export control laws and regulations.

Acceptable Use Policy
We trust you to use our Services responsibly and act in good faith.
You agree not to misuse the Scoremusic services ("Services") or help anyone else to do so. You must not even try to do any of the following in connection with the Services:
● use the Service for any unlawful purpose or for promotion of illegal activities;
● probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;

● access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;

● interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus,overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service;

● access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);

● send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";

● promote or advertise products or services other than your own without appropriate authorization;

● sell the Services unless specifically authorized to do so;

● violate the law in any way, or to violate the privacy of others, or to defame others ·

We reserve the right (but have no) to review any User Content and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms.

Scoremusic reserve the right, at any time, to change, modify, make functional, procedural or technical changes or improvements to the Services with or without prior notice. You agree that Scoremusic will not be liable to you or to any third party for any modification, suspension, or discontinuance of any feature of the Services.

Beta Services
As our commitment to constantly improve and enhance our service offering, we may release Services and features that we are still testing and evaluating. Those Services are marked beta, preview or early access (or with words or phrases with similar meanings) and may not be as reliable as Scoremusic’s other services. Scoremusic shall not be liable for any damages or losses as a result of using these Beta services.

On the Scoremusic Website you will find contact information for our customer support. We do not guarantee that the technical and/or customer support will be available at all times, but we will try to answer you within 3 working days.

Our Software and Copyright
The Scoremusic software, including all intellectual property rights in the application, belongs to and is the property of Scoremusic.

The Services and Software are protected by copyright, trademark, and other Estonian and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Software, Scoremusic trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to (or permission from) you.

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported using our contact information on the Website.
We reserve the right, without any obligation, and at our sole discretion, to delete or disable content alleged to be infringing and to terminate accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights of others.

Though we’d much rather you stay, you can stop using our Services any time. We reserve the right to suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you
know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.

Limitation of Liability
We strive to provide you great Services. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. Our services are provided on an “as is” basis. To the fullest extent permitted by law, Scoremusic and its affiliates, suppliers, distributors and partners make no warranties, either express or implied, about the services. We also disclaim any warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement.

Unless explicitly stated otherwise, to the maximum extent permitted by applicable law, Scoremusic or its directors, employees, affiliates, suppliers, distributors and partners, are not liable for any indirect, incidental, special, exemplary, punitive or consequential damages of any kind, including but not limited to, damages for loss of profits, loss of revenue, goodwill, use, data or other intangible losses arising out of or in connection with your use of services.

We assume no liability for non-operability or impaired accessibility to Website or Application due to, but without limitation to, technical difficulties or dependence on the services of the third parties. You are solely responsible for creating backup copies of any of your content that you submit to Scoremusic.

Some places don't allow the disclaimers in this paragraph, so they may not apply to you. In such case, our liability and that of its affiliates, suppliers, distributors and partners will be limited to the greatest extent permitted by law.

You agree to defend, indemnify, and hold harmless Scoremusic, its affiliates, directors, officers, distributors, partners, employees, and agents from and against all claims, losses, damages, penalties, liabilities, and costs, of any kind or nature which are in connection with or arising from: (i) your access to or use of the Scoremusic Services; (ii) your breach of these Terms; or (iii) your violation of any third party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right.

Resolving Disputes
We want to address your concerns in a proactive way, without needing a formal legal case. Before filing a claim against Scoremusic, you agree to try to resolve the dispute informally by contacting us. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Scoremusic may bring a formal proceeding.

You and Scoremusic agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought exclusively to courts located in Tallinn, Estonia and you consent to the exclusive jurisdiction of such courts.

Controlling Law
These Terms will be governed and construed in accordance with the laws of Republic of Estonia without regard to its conflicts of laws principles.

Waiver, Severability & Assignment
Scoremusic’s failure to enforce any right or a provision of these Terms will not constitute a waiver of such provision. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Scoremusic may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website and application. If an update affects your use of the Services or your legal rights as a user of our Services, we will notify you. These updated terms will be effective immediately. Your continued use of the Service thereafter constitutes acceptance of the changes.