Legal

Your use of the soundsetproject.com website (the "Website") including, but not limited to, all content, products, and services available at or through the Website (collectively, the "Services") is subject to a legal agreement between you and The Sound Set Project, a division of Sound Notes LLC (together as one, "The Sound Set Project"). The terms and conditions contained herein and all other terms, rules, policies, and procedures published by The Sound Set Project including, but not limited to, The Sound Set Project's Privacy Policy, License Agreement and Anti-Piracy Policy, taken together, form a legally binding agreement (collectively, the "Terms and Conditions") between you and The Sound Set Project.

1. Acceptance of Terms

1.1 The Website and Services are offered subject to your acceptance of the Terms and Conditions in whole and without modification. Please read the Terms and Conditions carefully before accessing or using the Website or Services. By accessing or using the Website or Services in any way you agree to be bound by the Terms and Conditions. If you do not agree to the Terms and Conditions, you may not access or use the Website or Services.

1.2 You may not access or use the Website or Services or agree to the Terms and Conditions if you are not of legal age to enter a binding contract with The Sound Set Project.

2. Use of Website and Services

2.1 You agree to use the Website and Services only as permitted by the Terms and Conditions.

2.2 You agree not to engage in behavior or activity that is, or potentially could be, damaging or disruptive to the Website or Services, or to the servers, networks, and other equipment associated with the Website or Services.

2.3 Certain areas of the Website or Services may have limited access or otherwise be restricted. You agree not to access or attempt to access limited or restricted areas of the Website or Services by any means other than that which is provided to you by The Sound Set Project and, further, to comply with all instructions set out in any robots.txt file or other directives present on, or as part of, the Website or Services.

2.4 The Sound Set Project may establish a private account on your behalf to grant you access to restricted Website areas or Services that you have purchased. You agree that all credentials, including usernames, passwords, and product keys, associated with this account are intended for your own personal use and may not be shared with any other entity.

2.5 Accordingly, you agree that you will be solely responsible for all activities occurring under your account.

3. Purchases

3.1 The Sound Set Project provides free and paid Services through its Website. By placing an order you irrevocably declare that you wish to acquire the Service(s) for which payment is remitted.

3.2 You agree that all sales are final and nonrefundable.

3.3 Accordingly, you agree that it is your sole responsibility prior to placing an order:

(A) to research and understand what the Service(s) are; and

(B) determine whether the Service(s) fit your needs.

3.4 You represent and warrant to The Sound Set Project that you are the legal licensee or are otherwise legally entitled to use any third-party products, services, or other goods with which the Services, whether free or paid, are intended to be used.

3.5 All prices displayed for Services on the Website are subject to change without notice.

3.6 The Sound Set Project reserves the right to refuse Services to any individual at its sole discretion, with or without cause.

4. Website and Service Availability

4.1 Reasonable efforts will be made, such as are within The Sound Set Project's direct control, to maintain and ensure the availability of the Website and Services.

4.2 Paragraph 4.1 notwithstanding, you acknowledge and agree that The Sound Set Project may, with or without prior notice to you, remove, discontinue, or otherwise change all or part of the Website or Services at any time.

4.3 You agree that The Sound Set Project will not be liable to you or any third-party for damages incurred due to the availability, or lack thereof, of the Website or Services.

5. Technical Support

5.1 If you purchase a Service you are entitled to free technical support by means of email or other internet-based text medium.

5.2 You agree that the scope of such technical support will be limited to inquiries directly related to use of The Sound Set Project's Services as determined in The Sound Set Project's sole discretion, and that The Sound Set Project may dismiss inquiries, or portions thereof, that extend beyond this scope or require additional fees to address such inquiries.

5.3 With respect to Paragraph 5.2, The Sound Set Project may not assess additional fees without your prior knowledge and consent. You understand and agree that you have no obligation to consent to any such proposed additional fees and that if you do not consent The Sound Set Project will dismiss the inquiry, or portion thereof, that it deems to be beyond the scope of its technical support obligations as described in Paragraphs 5.1 and 5.2.

5.4 You may request a higher level of support including telephone, voice/video chat, VOIP and remote computer assistance. You acknowledge and agree that The Sound Set Project will determine rates and fees for all such support at its own discretion and may change the rates, fees, or availability of any such support method at any time.

5.5 The Sound Set Project will have no obligation to you to provide technical support for Services that are available free of charge except as otherwise agreed upon by The Sound Set Project and its licensors, partners, clients or other third-party entity as related to the Service.

5.6 Notwithstanding the foregoing paragraphs in Section 5, The Sound Set Project:

(A) will have no obligation to provide technical support:

(I) for altered, damaged or modified Service(s), in whole or in part;

(II) any version of the Service(s) other than the current version;

(III) discontinued or replaced Service(s);

(IV) use of Service(s) with incompatible or unsupported hardware or software;

(V) questions related to modifications to and/or of the Service(s);

(VI) incidents caused by your negligence, abuse, misapplication or use of the Service(s); and

(B) reserves the right to refuse technical support, in its sole discretion, if it determines:

(I) your use of the Service(s), in any form, is in violation of the Terms and Conditions;

(II) you are using the Service(s) with third-party products or other goods for which you are not the legal licensee or are otherwise not legally permitted to use.

6. Copyright / Intellectual Property

6.1 You acknowledge and agree that The Sound Set Project (or its licensors) owns all legal right, title, and interest in and to the Website and Services, including any intellectual property rights, whether registered or not, throughout the world wherever such rights may exist.

6.2 Except as otherwise agreed in writing with The Sound Set Project, nothing in the Terms and Conditions gives you the right or license to use or otherwise reproduce any of The Sound Set Project's domain names, trade names, trademarks or service marks, logos, or other identifying and distinctive features.

6.3 The materials contained in or otherwise made available through the Website and Services may not be copied, reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission of The Sound Set Project, or, in the case of third-party materials, the owner of that content. You may not alter, remove, obscure, or otherwise modify any trademark, copyright, or other notice on, or contained in, any copy of the materials.

7. Trademarks

7.1 The Website and Services may contain third-party trademarks, service marks, or other distinguishing markings or features used in connection with the Website and Services to create a better understanding or description of the Website and Services and/or to provide complete information regarding the Services, the Website, and their application.

7.2 Any third-party trademark used in connection with The Website or Services is solely the property of its legal owner; The Sound Set Project claims for itself no ownership, right, or title to any such third-party trademark. Nothing in the Terms and Conditions gives you the right or license to reproduce or otherwise use any third-party trademark.

7.3 The presence of any third-party trademark, service mark, or other distinguishing mark or feature does not represent or imply endorsement of The Sound Set Project's Website or Services by the third-party.

8. Affiliation Disclaimer

8.1 The Sound Set Project, a wholly owned division of Sound Notes LLC, is solely responsible for the Website and Services provided and made available under its name on or through the Website.

8.2 The Sound Set Project has no affiliation whatsoever, stated or implied, with any other company, organization, or entity including, but not limited to, Avid Technology, Inc. or Sibelius Software Ltd..

9. Advertisements

9.1 The Sound Set Project may elect, at any time, to use advertising revenue to support its Website and Services and may do so by displaying third-party advertisements throughout its Website or Services. By using the Website and Services, you agree that The Sound Set Project may include advertising on or through its Services and Website without prior notice to you, in whatever form it deems appropriate.

10. External Content / Hyperlinks

10.1 The Website and Services may contain hyperlinks to external resources including, but not limited to, other websites and webpages (collectively, the "External Resources").

10.2 You acknowledge and agree that The Sound Set Project has no control over, and is not responsible for, the content of the External Resources to which it links.

10.3 By including links to any External Resource, The Sound Set Project does not represent or imply that it endorses such External Resource or the content contained therein.

10.4 You agree that you are solely responsible for protecting yourself and your computer systems from any malicious or destructive content. The Sound Set Project expressly disclaims any responsibility for any harm or damages resulting from your use of any External Resource not owned, operated, or maintained by The Sound Set Project.

11. Changes

11.1 The Sound Set Project reserves the right, at its sole discretion, to change, modify, or replace any part of the Terms and Conditions. Any such changes will be made available at, or be accessible from, http://www.soundsetproject.com/legal/.

11.2 You agree that your continued use of the Website or Services on or after the date the Terms and Conditions have changed constitutes acceptance of those changes.

12. Termination

12.1 The Terms and Conditions will apply until terminated by you or The Sound Set Project as set out below.

12.2 If you wish to terminate your legal agreement with The Sound Set Project you may do so at any time by discontinuing use of the Website and Services and destroying all materials obtained from the Website or Services, including, but not limited to, local copies, backups and web caches.

12.3 The Sound Set Project may, at any time, terminate its legal agreement with you and restrict or limit your access to all or part of the Website or Services with or without cause, with or without notice, effective immediately.

12.4 Notwithstanding Paragraph 12.3, if you make use of The Sound Set Project's paid Services this legal agreement may only be terminated by The Sound Set Project if:

(A) you have breached any provision of the Terms and Conditions;

(B) it is required to do so by law;

(C) the Service(s) will cease to exist; or

(D) it shuts down or otherwise ends its Website or Services, effective immediately

12.5 The Sound Set Project will have no obligation to provide a refund of any amounts previously paid in the event of termination as described in this Section.

12.6 Upon termination, all provisions of the Terms and Conditions which by their nature should survive termination or which are expressed to continue indefinitely will survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. DISCLAIMER OF WARRANTIES

13.1 THE WEBSITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS CONTAINED IN OR OTHERWISE MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE AND SERVICES, ARE PROVIDED BY THE SOUND SET PROJECT ON AN "AS IS" AND "AS AVAILABLE" BASIS.

13.2 THE SOUND SET PROJECT MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT YOUR USE OF THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, OR FREE FROM ERROR, OR THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES WILL BE ACCURATE OR RELIABLE, OR THAT OPERATIONAL OR FUNCTIONAL DEFECTS IN ANY PART OF THE WEBSITE OR SERVICES WILL BE CORRECTED.

13.3 YOU EXPRESSLY AGREE THAT ANY CONTENT, MATERIAL, PRODUCTS, OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED BY YOU THROUGH THE USE OF THE WEBSITE AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR OBTAINMENT OF ANY SUCH MATERIAL.

13.4 NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM THE SOUND SET PROJECT OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.

13.5 TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW THE SOUND SET PROJECT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. LIMITATION OF LIABILITY

14.1 IN NO EVENT SHALL THE SOUND SET PROJECT BE LIABLE FOR ANY DAMAGES WHATSOEVER, OF ANY KIND, EVEN IF THE SOUND SET PROJECT HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING FROM THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE WEBSITE OR SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS CONTAINED IN OR OTHERWISE MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT (WHETHER DIRECTLY OR INDIRECTLY), LOSS OF REPUTATION, LOSS OF DATA, OR OTHER INTANGIBLE LOSS.

14.2 SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS SET FORTH IN SECTIONS 13 AND 14 MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.

15. Warranties and Representation

15.1 You represent and warrant to The Sound Set Project that your use of the Website and Services will be in strict compliance with:

(A) the Terms and Conditions;

(B) all applicable federal, state, local, or other laws and regulations in your jurisdiction or country of residence (including without limitation any such laws governing the transmission of technical data exported from the United States or the country in which you reside); and

(C) your use of the Website and Services will not infringe or misappropriate the intellectual property rights of any third-party.

16. Indemnification

16.1 You agree to indemnify and hold harmless The Sound Set Project, its employees and licensors, from and against any loss or threatened loss, damage, and all claims and expenses, including attorneys' fees, arising out of your use of the Website or Services, including, but not limited to, your violation of the Terms and Conditions.

17. Severability

17.1 If any provision of these Terms and Conditions is ruled by any court of law, having the jurisdiction to decide on this matter, to be invalid:

(A) that provision will be removed from the Terms and Conditions and will not affect the rest of the Terms and Conditions;

(B) the remaining provisions will continue to be valid and enforceable.

18. General

18.1 The Terms and Conditions constitute the entire legal agreement between you and The Sound Set Project as related to the Website and Services, excluding any services provided to you by The Sound Set Project under a separate written agreement, and completely replace any prior agreement between you and The Sound Set Project in relation to the Website or Services.

18.2 The Terms and Conditions may only be modified by written amendment signed by an authorized executive of The Sound Set Project or the posting of a changed, modified, or revised version as set forth in Paragraph 11.1.

18.3 You agree that the failure of The Sound Set Project to exercise or enforce any legal right or remedy which is contained in the Terms and Conditions, or to which The Sound Set Project has the benefit of under applicable law, will not be taken to be a formal waiver of The Sound Set Project's rights and that those rights or remedies will still be available to The Sound Set Project.

18.4 The Terms and Conditions and any and all access or use of the Website and Services will be governed by the laws of the state of Ohio in the United States of America without regard to its conflict of laws provisions. You and The Sound Set Project agree to submit to the exclusive jurisdiction of the courts located in the county of Wood, Ohio for any legal matter arising from these Terms and Conditions.