PLEASE READ THIS UPLOADER CONTENT AGREEMENT ("AGREEMENT") CAREFULLY BEFORE UPLOADING CONTENT ("USER CONTENT") TO BE MADE AVAILABLE TO FreePianoSheets USERS VIA THE FreePianoSheets PLATFORM, FOR FREE.
IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT UPLOAD, PUBLISH OR DISTRIBUTE, USER CONTENT ON THE FreePianoSheets PLATFORM.
In order to upload User Content to FreePianoSheets, You don't have to register an account.
2. INCORPORATION BY REFERENCE
The following additional FreePianoSheets terms, policies, and guidelines are expressly incorporated herein and form a binding part of this Agreement as if reproduced fully herein:
3. CERTAIN RIGHTS OF FreePianoSheets.
FreePianoSheets will solely control the FreePianoSheets Platform and all features and functionality thereof and will have the right to modify, change, or amend the same at all times, in its sole discretion. FreePianoSheets reserves the right to remove or delete any particular piece of User Content from the FreePianoSheets Platform at any time, at its sole discretion, without cause and without notice to You.
4. AUTHORIZATION TO UPLOAD
Subject to Your full and timely compliance with all of the terms and conditions set out in this Agreement, FreePianoSheets hereby authorizes You to use the FreePianoSheets Platform for the uploading and distributing of authorized digital content, including electronic documents ("User Content"). User Content is uploaded at Your own risk. Notwithstanding anything to the contrary herein, FreePianoSheets does not guarantee that there will be no unauthorized copying or distribution of User Content nor will FreePianoSheets be liable for any unauthorized copying or usage of the User Content.
5. PROHIBITED USES
Your authorization to use the FreePianoSheets Platform for the uploading and distribution of User Content is subject to the following restrictions:
(i) You may not share, copy, adapt, redistribute, reconfigure, modify, create derivative works from, resell, profit from, or otherwise exploit any User Content from the FreePianoSheets Platform, other than as permitted by FreePianoSheets; or
(ii) You may not act in any way that violates any guidelines, or any other agreement between FreePianoSheets and Yourself, or engage in any action or practice that disparages or devalues FreePianoSheets's reputation or goodwill.
You acknowledge that any attempted or actual violation of any of the foregoing is a material breach of this Agreement and that FreePianoSheets may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your access to FreePianoSheets or termination of this Agreement, and the pursuit of all available civil or criminal remedies.
6. GRANT OF LICENSE TO FreePianoSheets IN USER CONTENT
By uploading User Content via the FreePianoSheets Platform, you hereby grant to FreePianoSheets a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license (with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute, compress or convert for distribution, monetize, charge money for, restrict access to view, restrict access to download, advertise against, and otherwise exploit Your User Content, in any media formats and through any media channels, in order to publish and promote such User Content in connection with services offered or to be offered by FreePianoSheets. Such license will apply to any form, media, or technology now known or hereafter developed. You grant FreePianoSheets the right to restrict access to view or to download your content (for example, without limitation, to paying users) and to charge users for access to your content, subject to certain configuration options provided to you by FreePianoSheets, Subject to the terms and limitations set forth herein, you may terminate this grant of license to FreePianoSheets as to any specific piece of User Content by removing or deleting that piece of User Content from the FreePianoSheets Platform; provided, however, that it is understood and agreed that FreePianoSheets may retain a copy of any User content as necessary to make it available to any other user who has paid for that access, and provided further that FreePianoSheets may, but is not required to, retain indefinitely a copy of any User Content for archival purposes.
7. GRANT OF LICENSE TO OTHER FreePianoSheets USERS
By uploading User Content via the FreePianoSheets Platform, you hereby grant to each User who is authorized to access Your User Content a non-exclusive license to access and use Your User Content under the terms indicated by You when You uploaded such User Content (e.g., free access or paid access). Notwithstanding the foregoing, You hereby grant to each such User at least a limited, non-exclusive, license to view, download (including, without limitation, download to a portable device, but subject to download restrictions either made by FreePianoSheets or by you), print and have printed such User Content for personal use in the manner contemplated by this Agreement and the FreePianoSheets Platform. If your content is uploaded under a paid access model, you additionally grant to all Users (including Users not authorized to access the content), a license to view a limited Preview of your content, as specified by your document preview settings.The foregoing license granted by You terminates as to a specific piece of User Content once You remove or delete such User Content from the FreePianoSheets Platform provided, however, that User rights to such User Content arising out of distributions occurring on or prior to deletion of such User Content from the FreePianoSheets Platform survive any termination or expiration of the license granted in this section 7.
8. RESERVATION OF RIGHTS
Subject to the licenses granted herein, You retain all of Your ownership rights in User Content uploaded and owned by You.
You agree not to disclose the Confidential Information of FreePianoSheets without FreePianoSheets's prior written consent. For the purposes of this section, "Confidential Information" includes without limitation:
(a) software, technology, specifications, guidelines, documentation or other materials relating to the FreePianoSheets Platform;
(b) rates or statistics relating the FreePianoSheets Platform; and
(c) any other information designated by FreePianoSheets as "confidential" or an equivalent designation, whether orally or in writing.
10. TERM AND TERMINATION.
The term of this Agreement will begin on the date You upload Your User Content and will continue until terminated in accordance with the provisions set forth in this Section 10 (the "Term").
FreePianoSheets may, at its discretion and without cause, liability, or prior notice to You, immediately terminate this Agreement, Your FreePianoSheets access, or suspend Your FreePianoSheets upload privileges at any time. You may terminate this Agreement by providing FreePianoSheets with written notification of intended termination through electronic mail at email@example.com. This Agreement will be deemed terminated by You fifteen (15) business days after FreePianoSheets' receipt of such notification.
10.3 Effect of Termination.
Upon termination of this Agreement, any provision which, by its nature or express terms, should survive will survive such termination or expiration.
10.4 Retiring User Content.
If You choose to remove or delete Your User Content from the FreePianoSheets Platform it will not be available to Users following the date of such removal or deletion (the "Deletion Date"). Additionally, Users who have downloaded offline copies of Your User Content (including, without limitation to FreePianoSheets's Mobile Applications), may continue to access that content.
To have content deleted, please contact us at firstname.lastname@example.org.
11. YOUR REPRESENTATIONS AND WARRANTIES
You are solely responsible for Your User Content and the consequences of uploading and publishing them. By uploading and publishing Your User Content, You represent and warrant that:
(i) all of the information that You provide to FreePianoSheets under this Agreement is current and accurate;
(ii) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorize FreePianoSheets and FreePianoSheets's Users to use Your User Content in the manner permitted herein;
(iii) Your User Content does not and will not slander, defame, or libel any other party, violate any other party's publicity rights or trade secret rights, be obscene, or otherwise unlawful;
(iv) You have not entered into any other agreement that is in conflict with the terms of this Agreement;
(v) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code;
(vi)Your User Content is free of any digital rights management, including any software designed to limit the number of times User Content may be copied or played;
(vii) no claim has been asserted nor have any proceedings been instituted by any third party against You or Your predecessors in title for the infringement of intellectual property rights in Your User Content; and
12. FreePianoSheets DISCLAIMER OF WARRANTIES