THIS "TERMS OF SERVICE" (“TERMS” OR "AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN EACH USER AND PIANOCRUMBS.COM. BY USING THE PIANOCRUMBS.COM WEBSITE, YOU AGREE THAT YOU UNDERSTAND THE AGREEMENT, AND THAT YOU CONSENT TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. THIS AGREEMENT SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF AND ACCESS TO ANY SERVICE PROVIDED BY PIANOCRUMBS.COM. IF YOU DO NOT AGREE TO THE TERMS, YOU SHOULD NOT USE THE PIANOCRUMBS.COM WEBSITE. You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
2. TERM, FEES AND PAYMENTS
All payments are processed by a PayPal system. PIANOCRUMBS.COM does not accept cash, checks or any other payment form. AS BETWEEN YOU AND PIANOCRUMBS.COM, YOU, AND NOT PIANOCRUMBS.COM, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS FOR SERVICES BILLED TO YOUR PHONE, PAYPAL ACCOUNT, OR CREDIT CARD BY A THIRD PARTY WHO HAD ACCESS TO THESE ACCOUNTS, WHETHER OR NOT SUCH AMOUNTS WERE AUTHORIZED BY YOU. You agree to pay all fees and charges incurred in connection with your services (including any applicable taxes) at the rates in effect when the charges were incurred. If PIANOCRUMBS.COM does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by PIANOCRUMBS.COM.
(a) No Warranties
WITHOUT LIMITING ANY PROVISION HEREIN, PIANOCRUMBS.COM MAKES NO WARRANTY THAT ANY PARTICULAR OPERATING SYSTEM, BROWSER, MOBILE PHONE, OR OTHER PORTABLE DEVICE, OR OTHER HARDWARE OR SOFTWARE WILL BE COMPATIBLE WITH PIANOCRUMBS.COM's SERVICES. PIANOCRUMBS.COM MAKES NO WARRANTY THAT ANY PARTICULAR NETWORK OPERATOR OR CARRIER WILL BE COMPATIBLE WITH PIANOCRUMBS.COM's SERVICES.
All fees paid and charges made as provided herein, including any advance charges are nonrefundable.
(c) Unauthorized Charges
Unless you notify PIANOCRUMBS.COM of any discrepancies or unauthorized charges within sixty (60) days after they first appear on your credit card statement, PayPal statement or carrier bill, they will be deemed accepted by you for all purposes, including resolution of inquiries made by your card issuer. You release PIANOCRUMBS.COM from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to PIANOCRUMBS.COM within sixty (60) days of its first appearance on an invoice, credit card statement or carrier bill.
You are responsible for paying any governmental taxes imposed on your use of the Services, including, but not limited to, sales, use or value-added taxes.
(e) Modification of Terms
PIANOCRUMBS.COM RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY PIANOCRUMBS.COM, UPON EFFECTIVE NOTICE TO YOU, WHICH SHALL INCLUDE NOTICE SENT TO YOUR DESIGNATED EMAIL ADDRESS. YOUR ACCEPTANCE OF THIS AGREEMENT MEANS THAT YOU GIVE CONSENT TO PIANOCRUMBS.COM TO EMAIL YOU WITH NOTICES CONCERNING A MATERIAL CHANGE IN THE TERMS OF THIS AGREEMENT, THE PIANOCRUMBS.COM WEBSITE OR SERVICES TO WHICH YOU HAVE PURCHASED OR USED.
3. INTELLECTUAL PROPERTY RIGHTS
PIANOCRUMBS.COM retain exclusive ownership of the PIANOCRUMBS.COM website and content, and all intellectual property rights associated therewith. PIANOCRUMBS.COM retain exclusive ownership of any data including, but not limited to, all song renditions, midi files, interactive piano player and any other sound and/or software on PIANOCRUMBS.COM website. You are not granted any rights or license to patents, copyrights, trade secrets or trademarks. PIANOCRUMBS.COM reserves all rights not expressly granted hereunder.
You may not: Frame or mirror any part of the Service without our express prior written consent. Create a database by systematically downloading and storing all or any Content. 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. Use any robot, spider, rover, scraper, offline readers, site search/retrieval applications or any other data mining technology or automatic or manual process, system or software to monitor, cache, frame, mask, extract data from, copy or distribute the Content (except as may be a result of standard search engine or internet browser usage) or circumvent the navigational structure or presentation of the Service, without the express prior written consent of PIANOCRUMBS.COM. Bypass any measures PIANOCRUMBS.COM may use to prevent or restrict access to the Service.
4. COPYRIGHT INFRINGEMENT
PIANOCRUMBS.com respects the intellectual property of others. If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide a written communication to: firstname.lastname@example.org and we will respond to your notice. Responses may include removing material claimed to be the subject of infringing activity on PIANOCRUMBS.COM.
PIANOCRUMBS.COM 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. You may terminate this Agreement by ceasing to use Service. Termination of this Agreement shall not relieve you of any obligations to pay accrued charges.
6. LIMITATION OF LIABILITY
THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICES IS WITH YOU. IN NO EVENT SHALL PIANOCRUMBS.COM BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY SERVICE, EVEN IF PIANOCRUMBS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7. PROMOTIONAL E-MAIL
PIANOCRUMBS.COM may periodically e-mail you messages about products and services that we think may be of interest to you. You can choose not to receive messages in the future by either clicking on a unsubscribe link on the bottom of a newsletter or email us at email@example.com.
8. MODIFICATION OF AGREEMENT
PIANOCRUMBS.COM may modify this Agreement at any time in its sole discretion.