By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, or if you are under the age of 18, You may not access or use the Service, and you may not register another person to use the Service. We are not liable for any unauthorized use of the Service by minors in violation of these Terms.
Interpretation and Definitions
For the purposes of these Terms and Conditions, the following defined terms shall have the same meaning regardless of whether they are used in the singular, plural, possessive or otherwise:
- Application Product means the digital distribution service operated and developed by Christina A. Cotruvo, LLC, owner of registered trademark No-C-Notes®
- Account means a unique account created for You to access Our Service, in whole or in part.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Christina A. Cotruvo, LLC
- Content means any content, including but not limited to Arrangements (as further described in Section 7.4), text, images, or other information that You and other users of the Service may post, upload, link to or otherwise use with the Service, regardless of the form or format.
- Device means any device that can be used to access the Service, such as a computer, a cellphone, or a digital tablet.
- Feedback means feedback, innovations or suggestions You provide or submit regarding the attributes, performance or features of the Service.
- Goods refer to the items offered for sale as part of the Service.
- In-app Purchase means the purchase of a product, item, service or Subscription made through Website, all of which are subject to these Terms and Conditions and the Application Store’s own terms and conditions.
- Orders mean a request by You to purchase Goods from Us.
- Promotions means contests, sweepstakes or other promotions which We may offer from time to time relating to the Service.
- Service refers to the Application and the Website, through which a User may place an Order for Goods, purchase a Subscription, order music transcription, upload Content, provide Feedback, consume Third-party Social Media Services and perform other activities Company may make available from time to time.
- Subscriptions refer to the Services, or access to the Service offered on a subscription basis by the Company to You.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available as part of the Service.
- Website refers to the Company websites, accessible at the URL https://www.audiomusicscore.com and https://no-c-notes.com
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
2 Your Information
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
2.1 Your Information
- If You wish to place an Order for Goods available through the Service, You may be asked to supply certain information relevant to You and Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
- You represent and warrant that: (i) You are over the age of 18; (ii) You have the legal right to use any credit or debit card(s) or other payment method(s) of Your choice in connection with any Order; and that (iii) the information You supply to us is true, correct and complete.
- By submitting Your information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
2.2 Order Cancellation
- We reserve the right to refuse or cancel Your Order at any time for any reason, including but not limited to:
- Issues with the availability of Goods;
- Errors in the description or prices for Goods;
- Errors in Your Order;
- We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
- Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy. You can refer to our Returns Policy here to learn more about your cancellation rights.
2.3 Availability, Errors and Inaccuracies
- We are constantly updating Our offerings of Goods. The Goods available may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding the Goods in Our advertising on Our Website and third party websites.
- We cannot and do not guarantee the accuracy or completeness of any information regarding the Service, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
2.4 Prices Policy
- The Company reserves the right to revise its prices at any time prior to accepting an Order.
- Subsequent to accepting an Order, We may revise quoted prices in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order and receive a full refund if you elect not to proceed with Your purchase at the revised price/s.
- All listed prices are in US dollars.
- You are required to pay in full for Goods at the time of purchase. You may complete your payment using Visa, MasterCard, Discover, American Express or other online payment methods we may make available from time to time, through our Stripe payment service.
- Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
- The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
- Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
- Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
4. User Accounts
- When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your Account.
- You are responsible for safeguarding the password that You use to access the Service and for any activities or actions conducted through Your Account, whether Your password is with Our Service or a Third-Party Social Media Service.
- You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any unauthorized access to or use of Your account.
- When selecting a username, You may not use the name of another person or entity or one that is not lawfully available for use, such as a name or trademark that is subject to any rights of another person or entity unless You have obtained appropriate prior written authorization; similarly, You may not use a name that is otherwise offensive, vulgar or obscene.
5.1 Your Right to Post Content
- Our Service does not currently allow You to post Content. Your submission of music score in PDF and XML formats will not be posted anyplace other than within your account for your own use.
6. Copyright Policy
6.1 Intellectual Property Infringement
- We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property right of any person.
- If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at email@example.com and include in Your notice a detailed description of the alleged infringement.
- You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content infringes Your copyright.
6.2 DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a copyright notification pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”). To submit a notice of claimed copyright infringement under U.S. law, provide our designated Copyright Agent with the following written information:
- An electronic or physical signature of the copyright owner or a person authorized to act on his/her behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the infringing material and information reasonably sufficient to permit us to locate that material;
- Your contact information, including your address, telephone number, and email address;
- A statement by You that You have a good faith belief that the disputed use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law;
- A statement by You that the information in Your notice is accurate, and, under penalty of perjury, that You are authorized to act on the copyright owner’s behalf.
You can obtain further information from the Copyright Office’s online directory at www.dmca.copyright.gov/osp.
We will respond to notifications of claimed copyright infringement in accordance with the DMCA.
7. Intellectual Property
- No-C-Notes® is a registered trademark and its software application used in transcription is copyrighted.
- The Service you order and we provide cannot be resold or reproduced in any manner.
- Subject to Your acceptance of and compliance with these Terms and Conditions, We grant to You a non-exclusive, limited, non-transferable, revocable license to use the Service for your personal use. Other than as set out in this agreement, You may not use the Service, in whole or in part, for any other purpose.
- With the exception of Content You and other users may post, We retain all of the proprietary rights in and to the Service, including but not limited to all the features, functionality and Our original content, all of which are and will remain the exclusive property of the Company and its licensors.
- You agree that you will not use the Service , in whole or in part: for any illegal purpose, and that you will not and will not permit anyone else to copy, duplicate, modify, redistribute, reverse engineer, decompile, disassemble or attempt to discover any source code or object code relating to any element of the Service;
- To launch, develop or distribute any script or other software code to access the Service through an automated system;
- To distribute malware, virus or other harmful code, software, scripts or similar programs designed to disrupt the Service;
- In violation of applicable law;
- In violation of our intellectual property rights or those of a third party;
- In violation of these Terms and Conditions; or
- In violation of any applicable third party terms of service;
- The Service is protected by copyright, trademark, and other laws of both the United States and similar laws of other jurisdictions.
- You may not use Our trademarks, logos or trade dress without Our prior written consent.
9. Your Feedback to Us
You hereby assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
10. Links to Other Websites
- Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
- The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods or services available on or through such third-party web sites or services.
- We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
- We reserve the right to terminate or suspend Your Account immediately, without prior notice and without any liability, for any reason whatsoever, including, without limitation, if You breach these Terms and Conditions.
- Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
12. Limitation of Liability
- To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages.
- Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AGENTS, LICENSEES, LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE OUT OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, BE FREE FROM MALWARE, VIRUSES OR OTHER HARMFUL CODE, OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, THESE DISCLAIMERS OF LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO YOUR USE OF, OR YOUR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE).
14. Governing Law
These Terms and all aspects of the Service will be governed by and interpreted in accordance with the internal laws of the United States and the State of Minnesota without regard to its rules regarding conflict of laws, regardless of Your physical location. . Your use of the Service may also be subject to other local, state, national, or international laws. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts located in Saint Paul, Minnesota, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Saint Paul, Minnesota.
15. Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company and notifying us of your concern or dispute.
16. For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
17. United States Federal Government End Use Provisions
If You are a U.S. federal government end user, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
18. United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
19. Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, in whole or in part by a court of competent jurisdiction, such provision will be interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions of these Terms will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
20. Translation Interpretation
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
21. Changes to These Terms and Conditions
- By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, You must immediately cease using the Service.
22. Contact Us
If you have any questions about these Terms and Conditions, You can contact us:By email: firstname.lastname@example.org