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These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 13 years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 13 years of age.
Unless otherwise stated, Cadenzify (“we”, “us” or “our”) and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
Cadenzify currently provides the user (“you”, “the beta testing user” or “licensee”) with access to the Service for free. In return for enjoying this free access, you acknowledge and agree that Cadenzify may generate revenues, increase goodwill or otherwise increase the value of Cadenzify from your use of the Service, and you will have no right to share in any such revenues, goodwill or value whatsoever. Cadenzify in its sole discretion may eventually charge you fees to access certain features of the Service. Cadenzify will provide you with advance notice of any such fees before they take effect.
You must not:
Where material is specifically made available for redistribution, it may only be redistributed within your organization.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Cadenzify’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Cadenzify’s express written consent.
Access to certain areas of this website is restricted. Cadenzify may restrict access to areas of this website, or indeed this entire website, at Cadenzify’s discretion.
If Cadenzify provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Cadenzify reserves the right to disable your user ID and password at our sole discretion without notice or explanation.
The Service enables you to create video and audio collections in the form of media files (“Mixdowns”). In connection with making a Mixdown, the Service enables you to record audiovisual works or audio-only works, including, by way of example and not limitation, depicting or otherwise capturing you singing and/or playing the lyrics or music (“User Recordings”) of musical works of your choice (including your own compositions). Subject to your clearing all necessary rights, you may create a Mixdown using any combination of photographic, audiovisual and audio works (including User Recordings) permitted by the functionality of the Service. Any person who creates a Mixdown, whether or not such Mixdown includes a User Recording, will be referred to herein as a “Producer.” Producers and all other users of the Service will be referred to herein collectively as “Users.” References to Mixdowns herein include User Recordings. In addition to allowing you to create Mixdowns, the Service may also allow you to (A) save your Mixdowns locally to your device; and (B) share a Mixdown or a link of your Mixdowns to certain third party social media platforms (e.g., Facebook, Instagram or YouTube) subject to the terms and conditions in these Terms of Service.
You grant to Cadenzify a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content, including Mixdowns and User Recordings, in any existing or future media. You also grant to Cadenzify the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Cadenzify or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Cadenzify reserves the right to edit or remove any material submitted to this website, or stored on our servers, or hosted or published upon this website.
Notwithstanding Cadenzify’s rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
This website is provided “as is” without any representations or warranties, express or implied. Cadenzify makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Cadenzify does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Cadenzify will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
These limitations of liability apply even if Cadenzify has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Cadenzify’s liability in respect of any:
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, Cadenzify has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Cadenzify’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Cadenzify’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Cadenzify.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify Cadenzify and undertake to keep Cadenzify indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Cadenzify to a third party in settlement of a claim or dispute on the advice of Cadenzify’s legal advisers) incurred or suffered by Cadenzify arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Without prejudice to Cadenzify’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Cadenzify may take such action as Cadenzify deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Cadenzify may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Cadenzify may transfer, sub-contract or otherwise deal with Cadenzify’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
The Cadenzify Service is currently in Beta Testing Mode and Cadenzify desires that the Beta Software be tested prior to a generally available commercial release. By using this Service, you agree to participate as a Beta testing user.
PRODUCT SUPPORT. The Beta testing user acknowledges that Cadenzify is under no obligation to provide (a) technical support under the terms of this Agreement, (b) to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Beta Software either to Beta testing user or to any other party, and (c) provides no assurance that any specific errors or discrepancies in the Beta Software will be corrected.
The Service contains certain open source software. Each item of open source software is subject to its own applicable license terms.
These terms and conditions constitute the entire agreement between you and Cadenzify in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
These terms and conditions will be governed by and construed in accordance with the Laws of the Commonwealth of Pennsylvania, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania.
You can contact Cadenzify by email to info@cadenzify.com.
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