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Terms of use

Effective as of 1st January 2018. These terms and conditions (the “Terms”) govern your access to and use of the POPSCORD services and products (hereinafter the “Services”), so please carefully read them before using the Services. If you do not agree to these Terms, please stop using the Services. These Terms, Privacy Policy and Cookie Policy, and all policies and guidelines, constitute a legally binding agreement (the “Agreement”) between you and POPSCORD in relation to your use of the Services. You represent and warrant that you understand and agree to these Terms and that you are either 18 years of age or more, or you are less than 18 years of age and have your parent(s)’ or legal guardian(s)’ permission to use the Services. BY DOWNLOADING AND USING THE APLICATION OR REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICES, 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. USE OF THE SERVICES IS CONDITIONAL UPON ACCEPTANCE OF THESE TERMS, WHICH AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, DO NOT USE THESE SERVICES IF YOU DO NOT AGREE. IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE. You accept full responsibility for any unauthorized use of the Services by minors in connection with your account. Should you have any questions relating to Terms, please contact us at info@popscord.com

 

Change of Terms

POPSCORD reserves the right to change or modify these Terms at any time, so please review it frequently to be aware of Changes (as defined herein). POPSCORD has the right, at any time, to:

  1. Add, change or discontinue the Services, or any aspect or feature of the Services, including, but not limited to, content, financial terms availability and equipment needed for access or use
  2. Impose, change or modify its terms and conditions applicable to your use of the Services, or any part thereof; and/or to impose, change or modify the terms and conditions of these Terms (“Changes”).
  3. Such Changes shall be effective immediately upon notice or upon any other method of notice we deem appropriate . POPSCORD will, however, notify users by posting a note on our web site (www.popscord.com) of any substantial changes to these Terms.

If as a result of changes or modifications made in the Terms, Privacy Policy and Cookies Policy you are no longer agreeing to either one of them, you must stop using our Services when the changes become effective. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is made we will notify you by email address associated with your account. You will be blocked from using our services until you accept the revised Terms.

 

Ownership and Copyright

POPSCORD is an application owned and created by the Company for production, editing, marketing, trade and services POPSCORD MAKEDONIJA DOOEL Skopje with registered seat at no. 22A Lazar Pop Trajkov Street, Skopje, Republic of Macedonia with ID No.719 The application, the premium service and all component parts thereof (logos, domain names, phonographic recordings, musical scores and their associated elements, including photographs, images, texts and biographies of composers), are the exclusive property of the owner and/or its licensors (music publishers owning musical rights, internet broadcasters, record companies etc).The user may use these elements only in connection with the use of the premium service, in accordance with the provisions of these Terms. Premium service musical scores and recordings are digital files protected by international copyright and copyright laws. Nothing in the Terms grants you a right of license to use any trade mark, design right or copyright owned or controlled by POPSCORD MAKEDONIJA DOOEL Skopje unless if otherwise provided.

 

Description of the App

POPSCORD is an online digital music publishing application dedicated to instrumentalists. It offers interactive and effective learning for beginners and experts. POPSCORD allows you to choose a musical score from its catalogue, read it and customize it by adding/deleting annotations and select which graphical options to be shown (fingerings, phrasings, bowing, dynamics etc) Scores contain a real interactive audio accompaniment recorded by professional players in studio. Audio options such as time stretch, reverb, section selection, metronome are available. Scores contain also useful links to biography of authors, appropriate performance of the related interpretation of the score, interesting links in relation with the score. POPSCORD offers therefore interactive and effective tools allowing instrumentalists, beginners or confirmed, to learn, practice and perform their passion in a new and innovative way, offering an unprecedented comfort of practice. POPSCORD is available in 2 languages (English and French).

 

Personal use of the Application

Unless otherwise specified, POPSCORD is for your personal and noncommercial use only. Subject to your acceptance of these Terms and your compliance with them, POPSCORD grants you a non-exclusive license to use the features of the Application. Any use other than for private purposes exposes the user to legal proceedings. Any other use of these digital files is strictly prohibited and in particular any download or attempt to download, any transfer or attempt to transfer permanently or temporarily to the hard disk of a computer or any other device (including digital music players and others portable audio players), any etching or attempted burning on CD media or any other medium is expressly prohibited. Any resale, exchange or rental of these digital files is strictly prohibited. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the content or communications featured or displayed on the Application (“Content”), including without limitation text, graphics, photographs, images, moving images, sound, illustrations, information, software, products or services and the arrangements thereof, except as expressly permitted hereunder. You acknowledge that any unauthorized use of any Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. You agree that you will not and will not attempt to, reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Application or use or access to the Application, including without limitation any “scraping” or using any robot, spider or other automated means. Your license to use the Services and related software(s) is automatically revoked if you violate these Terms. You declare to take note that the music scores and recordings made available to you for listening and use in the form of digital files as part of the premium service are protected by technical protection measures put in place by POPSCORD in order to prevent or limit, within the limits of the technical constraints existing on the subject and the available technologies, the uses of these recordings not provided for by these Terms. The user agrees not to use any technical measures to circumvent the technical protection measures to download these digital files and to allow their storage in the storage unit of its receiving terminal whatever it may be.

 

Access

Subject to certain limitations as described herein, you are granted the right to access our online digital music, music notes, text, files, images, photos, sounds, musical works, works of authorship, or any other materials under these Terms. Some of the Services are not compatible with all mobile devices and computers. You shall be solely responsible for procuring a compatible device if you wish to use any of the Services offered by us. In order to use the Services, 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 Service Content. POPSCORD is not liable for any damage on the hardware or operating system caused by the Application. The Application can be downloaded through AppStore on IPad with compatible operating system on up to 3 devices.

 

Payment and Refunds

The POPSCORD application may be downloaded free of charge, but access to the content of the application requires the user to subscribe to a monthly subscription which includes a fee. However, all new users receive a free trial for a duration of 2 weeks where they may access the full functionality of the application. By choosing to pay for a monthly subscribtion you agree the price to be billed to you through the payment method that you have designated when you signed up for an Apple ID and agreed to their respective Privacy policies and Terms and conditions. You must provide current, complete and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. Iyou fail to provide any of the foregoing information, you agree that we may continue charging you for any use of the Services under your billing account unless you have terminated your paid services as set forth above. Payment to POPSCORD will automatically be renewed at the end of the subscription period, unless you decide to terminate the subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will have access to the free features of the POPSCORD application. POPSCORD is free to change the price of paid subscriptions and will communicate any rate changes in advance, and, if so, how to accept these changes. The rate changes for paid subscriptions will take effect from the subscription period following the rate change date. If you do not accept the tariff changes, you have the right to refuse the change by unsubscribing from POPSCORD before the tariff change comes into effect. Except if specified here otherwise, any payments made are final and non-refundable, however without limiting the possibility of a refund (if any) from the application store in accordance with the relevant Terms applicable to purchases from that application store.

 

Account security and Information

Once registered for the Services, you should create a unique user ID and password in connection with your account. You are responsible for safeguarding the password that you use to access the Services. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify POPSCORD by e-mail of any unauthorized use of your account. In such cases POPSCORD reserves the right to suspend or terminate your account.

 

Personal Data Protection

POPSCORD collects and process personal data on basis of your permission. For the personal data protection, please refer to our Privacy Policy and Cookies Policy.

 

Rules of Conduct

You must comply with these Terms as these apply to your use of the Services. You must not attempt to extract any source code from the Application, disassemble it or make any derivative versions, or attempt to interrupt or decipher the transmissions between the Application and our systems. You acknowledge that where you use services provided by Apple in connection with your use of POPSCORD, you will be subject to Apple’s, terms and conditions and privacy policy and you should ensure that you have read such terms and conditions. You must not use POPSCORD for any of the following purposes:

  1. anything unlawful or illegal or which is fraudulent or malicious or which promotes any criminal activity or provides information about the same;
  2. knowingly introducing viruses or other malicious or harmful material or using it in connection with unsolicited communications.

You must not use the Application in a way that may damage or impair it, the Service or our underlying systems and security. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

 

Disclaimer of Warranties

THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND AN “AS AVAILABLE” BASIS, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MUSIC, NOTES, MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE APPLICATION 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.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE APPLICATION UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT AND THAT POPSCORD SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT POPSCORD IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD POPSCORD LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE APPLICATION, AND THAT THE RISK OF THE APPICATION AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU. UNDER NO CIRCUMSTANCES WILL POPSCORD BE LIABLE TO YOU, COLLECTIVELY, FOR MORE THAN THE AMOUNT YOU HAVE PAID TO POPSCORD.

BY ACCESSING THE APPLICATION, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE.

 

Indemnification

To the fullest extent allowed by applicable law, you agree to defend, indemnify and hold harmless POPSCORD, its affiliates, officers, agents, employees, suppliers, licensors, representatives, and third party providers to the Application from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from, incurred as a result of, or in any way related to any third party claims relating to (a) your use of the Application (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder). You agree that the provisions in this paragraph will survive any termination of your account(s) or the use of the Application.

 

Force Majeure

POPSCORD shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, earthquakes or shortages of transportation facilities, fuel, energy, labor or materials.

 

Severability, Governing Law and Jurisdiction

If for some reason some provision of these Terms is to be declared unenforceable, such unenforceability will not affect the application of other provisions of the Terms. This considered applied then is replaced by the nearest possible arrangement. POPSCORD is operated from its facilities in the Republic of Macedonia, and the servers are located in France. These Terms shall be governed by the Laws of the Republic of Macedonia. Those who access or use the Services from other jurisdictions are entirely responsible for compliance with all applicable Macedonian laws and regulations. Any dispute, controversy or claim arising out of or relating to these Terms, Privacy Policy and Cookies Policy or the breach, termination or validity thereof shall be finally settled in the Primary court in Skopje, Republic of Macedonia having the sole jurisdiction.

 

Termination

These Terms will continue to apply to you until terminated by either you or POPSCORD. POPSCORD may terminate the Terms or suspend your access to the Application at any time, including in the event of your actual or suspected unauthorized use of the POPSCORD or non-compliance with these Terms. If you or POPSCORD terminate the Terms, or if POPSCORD suspends your access to the Services, you agree that POPSCORD shall have no liability or responsibility to you and POPSCORD will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.