Terms of Service
Effective as of October 5, 2018
THIS TERMS OF SERVICE AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("YOU", "YOUR" OR "YOURSELF") AND 911TABS.COM ("OUR", "US", "WE" OR "911TABS.COM"), WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, "THE SERVICE"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING THE SERVICE. BY USING OR OTHERWISE ACCESSING THE SERVICE, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 13 YEARS OF AGE OR OLDER. IF YOU ARE NOT YET 13 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
1. ACCESS TO THE SERVICE
Subject to certain limitations as described herein, you are granted the right to access our text and software content (collectively, "Content") under certain terms and conditions as set forth in this Agreement. In order to use the Service, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and to be able to access the digital Content files. Download and use of Content may be subject to an additional license agreement. You must be at least 13 years of age to access the Content.
3. USER RESTRICTIONS
3.1 911tabs.com will make reasonable efforts to keep the Service operational. However, certain technical difficulties, routine site maintenance/upgrades and any other events outside the control of 911tabs.com may, from time to time, result in temporary service interruptions. 911tabs.com also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that 911tabs.com will not be liable to you or to any third party for any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
3.2 By using the Service, you acknowledge and agree that you have no right to provide any files obtained through the Service to any other party or through any other means. You agree that you will not duplicate or otherwise reproduce the Content, or any portion thereof, onto any physical medium, memory or device now known or hereinafter devised; except, however, that you may print out text-based tablature and/or lyrics for your personal, non-commercial use. In addition, you agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any Content protection methods. "Tablature" or "Tabs" means a system of notation using letters, symbols, or other visual cues instead of standard notation to indicate how a musical work is to be played. "Lyrics" means the words of a musical composition.
3.3 You may not use or allow others to use the Service, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Service, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Service; and/or (d) infringes any intellectual property, proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material of the Service. You also may not use, nor allow others to use, the Service, directly or indirectly, to: (x) attempt to or actually disrupt, impair or interfere with, alter or modify the Service or any information, data or materials posted and/or displayed by us or anyone else; (y) act in a way that affects or reflects negatively on us, the Service, or anyone else; (z) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Service.
3.4 You are prohibited from violating or attempting to violate the security of the Service, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Service or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Service or service to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited email or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences, which may involve such violations and we may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
3.5 In some cases, 911tabs.com derives its rights to use the Content offered on the Service from third party content owners ("Content Providers") for fixed periods of time. As well, 911tabs.com is sometimes required to pull certain Content off the Service for legal reasons. Therefore, certain Content offered or advertised by 911tabs.com may not be available when you try to access it, and not all Content is available in all countries or territories.
3.6 You acknowledge and agree to the essential condition that the Content is provided "As Is". Therefore, you are aware and agree that the Content might not be suitable for your purposes or satisfy your expectations or requirements with respect to it. You also acknowledge and agree that the Content could contain errors or other harmful components. Therefore, we recommend that prior to accessing the Content, you ensure, at your cost, that the Content will suit your requirements and needs and will not have any negative impact on your computer and/or your media player system.
4.1 We may terminate this Agreement, restrict, suspend or terminate your use of the Service immediately and without notice or liability, if you violate, breach or fail to comply with this Agreement in any way, and it will not limit any other rights or remedies which are available to us. Without limitation of any other provisions hereof regarding termination, we reserve the right to terminate your use of the Service, without cause, upon reasonable notice.
4.2 You may terminate this Agreement by ceasing to use Service. Termination is your sole right and exclusive remedy if you are not satisfied with the Service.
5. INTELLECTUAL PROPERTY RIGHTS
5.1 The Content available through the Service is the property of 911tabs.com or its Content Providers and is protected by copyright and other intellectual property laws. Content received through the Service may be accessed for your personal, non-commercial use only.
5.2 You acknowledge that 911tabs.com retains exclusive ownership of the Service and all intellectual property rights associated therewith. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or the Content, and 911tabs.com reserves all rights not expressly granted hereunder. You may not copy, reproduce, transfer or access (except as expressly authorized by this Agreement), re-license, reverse engineer, decompile, disassemble, translate, publish, transmit, distribute, display, broadcast, re-broadcast, redistribute, modify, create derivative works from, capture or store in any physical media, market, rent, sell, lease, sublicense, or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, the Service or any related software. You will promptly notify 911tabs.com in writing upon your discovery of any unauthorized use or infringement of the Service or the Content or 911tabs.com's patent, copyright, trade secret, trademarks or other intellectual property rights. Except as expressly provided for herein, any copy or use of any portion of the Service will constitute an act of copyright infringement and a breach of this Agreement. Furthermore, 911tabs.com may in its sole discretion pursue any other available rights or remedies at law or in equity for a violation of this Agreement or such copyright infringement.
5.3 We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information:
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(ii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(iv) a description of where the material that you claim is infringing is located on the site;
(v) your address, telephone number, and email address;
(vi) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vii) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Berman Entertainment and Technology Law
600 California Street, 11th Floor
San Francisco, CA 94108
By phone: (415) 449-3650
By email: email@example.com
5.4 Please note that any Content made available on or through the Service which contains or displays the YouTube logo or which is provided via the YouTube player is hosted on YouTube's servers, and 911tabs.com thus does not have the ability to permanently remove all or any such content from YouTube's servers. Therefore, if you have a complaint concerning any video content made available on the Service that is provided by YouTube, you should contact YouTube directly in accordance with its copyright policies at: https://www.youtube.com/static?template=terms. If you believe that your work is available on the Service via the YouTube player in a way that constitutes copyright infringement, please: (i) contact YouTube directly in accordance with copyright policies at: https://www.youtube.com/static?template=terms and (i) contact 911tabs.com by sending us a notice in accordance with the provisions of this Section 5.
5.5 The 911tabs.com logos and other trademarks on the Service are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by 911tabs.com and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
6. INTERACTIVE USE
6.1 The Service may, but is not obligated to, offer interactive features that allow users to, among other things, submit or post Materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. "Materials" includes, without limitation, tablatures (text or electronic), reviews, and any other content whether copyrightable or not. Should we make available any interactive features, you represent and agree that any use by you of such features, including any Materials or links submitted or posted by you, will be your sole responsibility, will not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any Materials on the Service.
6.2 By transmitting, submitting and/or posting any Materials to the Service, you grant to 911tabs.com a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such Materials, in all media now known or later developed. The foregoing grant will include the right to exploit any proprietary rights in such Materials, including, without limitation, any intellectual property laws under any relevant jurisdiction, and will constitute a waiver of any rights, ''moral rights,'' or any similar rights under any jurisdiction. For purposes of clarification and avoidance of doubt, no termination of this Agreement will affect the license granted herein by you.
6.3 911tabs.com reserves the right not to post or publish any Materials, and to delete, remove or edit any Materials, at any time in its sole discretion without notice or liability.
6.4 911tabs.com has the right, but not the obligation, to monitor any information and Materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that 911tabs.com in its sole discretion deems appropriate.
6.5 Rights Granted to Users:
(a) Tablature Rights. Subject to any third party restrictions, 911tabs.com grants to its users a nonexclusive right and license, solely in connection with the Service, to (i) create Tablatures based upon the compositions that we have licensed from third party publishers and writers (the "Licensed Compositions"); and (ii) reproduce, distribute and display the Tabs (or any portion thereof) on or through the Service.
(b) Lyric Rights. Subject to any third party restrictions, 911tabs.com grants to its users a nonexclusive right and license, solely in connection with the Service, to include and display the lyrics of the Licensed Compositions, in whole or in part, in conjunction with the Tabs and independently of the Tabs (the "Lyrics Rights").
(c) Demonstration Rights. Subject to any third party restrictions, 911tabs.com grants to Registered Users a nonexclusive right and license, solely in connection with the Service, to (i) record the Licensed Compositions as audio files, (ii) record the Licensed Compositions in synchronization with visual images; and (iii) perform publicly the Licensed Compositions and any reproductions in conjunction with or in lieu of the Tablatures (collectively the "Demonstration Rights").
(d) The Licensed Composition to Tablature Rights, the Demonstration Rights and the Lyrics Rights as provided hereunder are collectively referred to hereunder as the "Rights Granted".
(e) Ownership and Reservation of Rights. Except for the Rights Granted hereunder, and subject to any third party restrictions, the respective Content Providers retain all right, title and interest in and to the Licensed Compositions and nothing in this Agreement will (or will be construed to) restrict, impair, transfer, license, convey or otherwise alter or deprive the respective Content Providers of any of their rights or proprietary interests in any intellectual property, content, data, information or any other materials or rights, tangible or intangible.
7. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF AND ACCESS TO THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE 911TABS.COM SITE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE SERVICE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS. OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICE ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER 911TABS.COM, ITS CONTENT PROVIDERS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD PARTY SERVICE PROVIDERS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICE, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT 911TABS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of, or failure to comply with, the terms and conditions of this Agreement and (b) your use of the Service. We may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations will be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.
10. CHOICE OF LAW AND CONSENT TO JURISDICTION
The Service is created, operated and controlled by 911tabs.com in the State of California, United States of America. The laws of the State of California will govern this Agreement without giving effect to any principles or conflicts of laws.
11. OBJECTIONABLE MATERIAL
You understand that by using the Service, you may encounter Content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that 911tabs.com will have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and you acknowledge and agree that 911tabs.com does not guarantee their accuracy.
12. INFORMATION PROVIDED
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Service is at your sole risk. 911tabs.com reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Service, or to deny access to the Service to anyone at any time. You acknowledge and agree that 911tabs.com is not responsible for any materials posted by users of the Service. Prior to making any decisions based on information posted on the Service, you are advised to verify the information. 911tabs.com will not have any liability arising from your acts or decisions based upon the information provided on the Service.
13. LINKS TO OTHER SITES
14. 911TABS.COM LINKING AND WIDGET POLICY
Any website that links to the Service or on which you include the 911tabs.com widget: (a) must not frame, surround, obfuscate or create a browser or border environment around any of the Content of the Service; (b) may link to, but not replicate, the Content of the Service; (c) must not imply that 911tabs.com or the Service are endorsing or sponsoring it or its products, unless 911tabs.com has given its prior written consent; (d) must not present false information about 911tabs.com or its products or services; (e) must not use the Service or trademarks except as expressly permitted in this Agreement or without 911tabs.com's prior written permission; (f) must not contain content that is illegal, obscene or defamatory, or that could be construed as distasteful, offensive or controversial; and (g) must not support, endorse or encourage piracy or the unauthorized exploitation of intellectual property rights. By linking to the Service, you agree that you do and will continue to comply with the 911tabs.com Linking and Widget Policy. Notwithstanding anything to the contrary contained in this Agreement, 911tabs.com reserves the right to deny permission to link to the Service for any reason in our sole and absolute discretion. Any 911tabs.com widget is not provided for commercial use, distribution or exploitation. If you are the operator of a commercial website and would like to link to the Service or include the 911tabs.com widget in your website, please contact us by emailing firstname.lastname@example.org. 911tabs.com reserves the right to remove links or block the 911tabs.com widget at any time and for any reason in its absolute discretion.
15. OTHER IMPORTANT PROVISIONS
15.1 Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 15.
15.2 You will not use the Service in any manner contrary to local, state or federal law. 911tabs.com expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice of your failure to comply with any such local, state or federal law.
15.3 Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use.
15.4 If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.
15.5 No failure or delay in enforcing any provision, exercising any option or requiring performance, will be construed to be a waiver of that or any other right in connection with this Agreement.
15.6 You may not assign your rights under this Agreement without our prior written permission and any attempt by you to do so will be void from inception.
15.8 Any provision which must survive in order to allow us to enforce its meaning will survive the termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Service, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
15.9 A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. CHANGES OR MODIFICATIONS