References in this Agreement to "NOTION Music," "we" or "us" include NOTION Music, Inc., its affiliated or subsidiary entities and their respective agents, authorized representatives, directors, employees, managers, members, officers and shareholders and their respective heirs, personal representatives, successors and assigns.
Ownership of Site; Copyrights
NOTION Music owns and operates the Site and all content and materials on the Site or has acquired the right to use such content and materials, including, without limitation, any and all images, photographs, characters, text, statistics, trademarks, logos, graphics, illustrations, and audio and video clips. Much of the content and materials on the Site are copyrighted and are owned by us. You may view the materials from the Site only for your own personal, noncommercial use. Except to the extent permitted by relevant copyright legislation, you may not copy, upload, post, transmit, reproduce, distribute, modify or publicly display the content and materials on the Site, or produce derivative works of such content and materials.
"NOTION Music," and "Realize Music" and other associated logos are proprietary trademarks or service marks of NOTION Music. You may not use these or any of our other trademarks or service marks without our written permission. In addition, other marks and logos on the Site are proprietary trademarks or services marks of our business partners. You may not use such marks and logos without the written permission of the owner.
Neither your use of this Site nor this Agreement confers any license or right under any copyright or trademark of NOTION Music or any third party.
Use of Site Features
When using certain features of the Site, you understand that you may be required to register by providing certain personal or business information. If you elect to provide such personal or business information, you agree that we may use this information to enforce this Agreement. In consideration of your use of this Site, you agree to provide true, accurate, current and complete information about yourself or your business as requested in connection with the provisions of and/or registration for any Site features, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, we have the right to refuse any and all current or future use of the Site features. We may change, suspend or discontinue any Site feature at any time. We also may impose limits or restrict access to certain Site features at any time.
We do not want to receive confidential or propriety information from you through the Site. By sending us any information or material, you grant us unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and copy those materials and information, and you agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. We will not, however, use your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we first notify you that the ideas or other information that you submit to this Site will be published or used with your name on it or we are required to do so by law.
The information that we publish on this Site may contain references to products or services that we have not announced or are not available in your country and such references do not imply that we intend to announce such products or service in your country. We may make changes in any of the products, services or programs offered over this Site at any time and without notice.
Notice Specific to Software Available on This Site
Any software that is made available to download from this Site (the "Software") is the copyrighted work of NOTION Music. Use of the software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (the "License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, ANY COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE TO THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED THE LICENSE AGREEMENT, WE DO HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING.
FOR YOUR CONVENIENCE, NOTION MUSIC MAY MAKE AVAILABLE AS PART OF ITS SOFTWARE PRODUCED TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. NOTION MUSIC DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SITE OR IN NOTION MUSIC PRODUCTS.
External Web Sites
While the Site may, from time to time, contain links to or frame third-party Web sites, we are not responsible for the content or security of any linked or framed sites and have no control over the content of those sites. We make no representations whatsoever about any other sites which you access through this Site. We provide these links as a convenience. By doing so, we do not endorse the linked site or accept any responsibility for the content or the use of such sites. It is your responsibility to ensure that whatever you select for your use is free of destructive items such as viruses or Trojan horses. You may not establish a link to the Site without our prior written consent. You may not frame or incorporate the Site or any content of the Site in another Web site or on a networked computer environment without our prior written consent.
Disclaimers and Liability Limits
While we attempt to provide accurate information on the Site, we assume no responsibility for accuracy, including, but not limited to, typographical errors or omissions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SITE, INCLUDING THE SITE FEATURES, IS AT YOUR EXCLUSIVE RISK. ALL MATERIAL ON THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING.
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT WE ARE FOUND RESPONSIBLE FOR ANY DAMAGES, WE ARE RESPONSIBLE FOR ACTUAL DAMAGES ONLY. WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUES OR DATA ARISING OUT OF OR IN CONNECTION WITH THIS SITE, USAGE OF THIS SITE OR DATA, MATERIAL OR INFORMATION AVAILABLE ON THIS SITE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT WILL OUR MAXIMUM LIABILITY ARISING OUT OR IN CONNECTION WITH THIS SITE, USAGE OF THIS SITE OR DATA, MATERIAL OR INFORMATION AVAILABLE ON THIS SITE EXCEED TWO HUNDRED DOLLARS ($200.00). SINCE SOME JURISDICTIONS MAY NOT ALLOW THIS EXCLUSION NOR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL APPLY ONLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR VIRUS OR ERROR FREE OR THAT DEFECTS OR ERRORS WILL BE CORRECTED.
Jurisdiction and Choice of Law
This Agreement and all claims or issues regarding the Site shall be governed according to the laws of the United States and the State of North Carolina. Any legal action concerning this Agreement or the Site must be brought within one (1) year after the claim or cause of action arises and must be brought in federal or state court sitting in Winston-Salem, North Carolina. You expressly consent to the jurisdiction of said courts.
This Agreement contains the entire agreement between you and us relating to the matters set forth herein and shall not be modified except in a writing signed on behalf of NOTION Music.
Nothing on this Site constitutes an offer to sell or solicitation to buy securities.
This Site may contain inaccuracies or typographical errors.
No failure or delay by us in exercising, or partial exercise of, any or our rights hereunder will operate as a waiver thereof or preclude further exercise.