If You disagree with any modification, You may terminate at any time within two (2) weeks of such modification taking place, by going through the termination process of Your User account.
2. Purpose of the MuseScore Website
The MuseScore Website aims to provide an online platform, allowing its Users to create, upload, download, share and modify sheet music.
3. Users and User accounts
Only persons (individuals or legal entities) who are legally entitled under their own laws to validly enter into contract (or, for minors, who have obtained appropriate permission to do so, and are at least thirteen (13) years old) may become Users.
When a User registers on the Website and creates his User Account, User will choose a username and password. User is responsible for maintaining the confidentiality and security of this username and password. Any use done through such username and password will be the sole responsibility of the User.
User must inform MuseScore immediately in case of any unauthorized use, misuse or abuse of User’s username or password, or any other breach of data security.
MuseScore may refuse or disallow the use of any particular username, in MuseScore reasonable discretion. Examples are use of obscene words or expressions, etc.
User may only use the functionality made available on the Website by MuseScore, and may not access or use any data or Material provided through the Website, except through the authorized Website functionalities, services or application programmable interfaces (“API’s”) made available by MuseScore or authorized by MuseScore. Any other activity or use, such as data mining, use of spiders, crawlers, bots, etc… is strictly prohibited.
MuseScore is entitled to charge a fee for some or more functionality or scope of use of the Website and the User account. In such case, fees must be received by MuseScore prior to enabling such functionality or scope.
User may cancel or terminate his/her account at any time, by following the process made available for that purpose on the Website. Cancellation by email or phone will not be considered valid. Only User is responsible for such cancellation.
Consequences of termination are:
- User may no longer access the Website or its services, and its username and password will be invalidated.
- User’s non-private shared Material will remain available for other Users on the Website.
- User’s private Material will be deleted from User’s account. This will not include deletion of any reproduction thereof by other Users, nor any derivative or follow-up Material created by other Users.
Any Material generated by a User on the Website falls completely under User’s liability and control, and is not considered generated by MuseScore. Only the User is responsible for any Material generated by such User. MuseScore does not claim any Intellectual Property Right in any Material.
Users may only generate and post Material on the Website that is not infringing any third party Intellectual Property Rights.
Any Material posted on the Website will be posted in accordance with the license (right to use) selected by the User at the moment the Material is posted. MuseScore will suggest, typically through a dropdown menu or a separate link, a choice of licenses that can apply to Material posted. By selecting the license applicable to a Material, the User confirms and warrants that a) the User understands the license, its conditions, rights and obligations b) the User accepts the terms of such license, and c) the User has all necessary rights to grant the license on the Material in accordance with the terms of the license selected.
A User may modify the terms of the license used for any Material at any time, but always without prejudice and subject to any acquired rights of MuseScore and/or other Users. If a User restricts certain rights to Material, this may have impact on, or restrict the possibilities of use of any API, application, function or widget of the Website or any other Service.
MuseScore has the right to introduce technical measures (e.g. a confirmation button on or after upload asking a User to confirm that Material posted is original and not in breach of any third party copyright) that make uploading or offering of Material on the Website subject to an additional statement of a User regarding originality or other conditions. Confirmation of any such statements are binding on a User.
MuseScore is entitled, at any time, in its absolute discretion, to remove from or disallow any Material on the Website. Users can never claim any compensation, damages or rights resulting from such removal or disallowance.
To the extent necessary to allow MuseScore to offer the services provided on the Website from time to time, and to the extent not included in the license selected by the User, each User grants to MuseScore a worldwide, irrevocable, royalty-free, perpetual license to use any Material posted or used by such User on the Website, for any purpose or function, including for the purpose of offering the services through the Website. This license includes any kind of use or reproduction through any known or future technology, including any future applications, widgets or API’s.
MuseScore is entitled to offer Users different degrees of private, group or public sharing of Material created through the Website functionality. However, for any such Material uploaded, the User must include the file of the relevant source material, enabling anyone authorized to access or download it (depending on User’s choice of sharing) to modify or create derivative works of such music score, through use of the MuseScore functionality.
5. Warranties and indemnifications
Each User represents and warrants that any Material uploaded will be original material, that User has the necessary rights to upload it and grant the license selected, and that will not infringe any third party Intellectual Property Right or other right or interest.
MuseScore provides the Website and the functionality and services thereon “as is”, and provides no warranty, either express or implied, on any Material. User acknowledges that MuseScore acts as a “mere conduit”, and has no obligation to verify in any systematic or other way the content, quality or any other characteristic of any Material.
User acknowledges and accepts that use of the Website and the Services is at the sole risk and responsibility of User. MuseScore does not represent or warrant that the materials in the Website are accurate, complete, reliable, current, subject to correction, or error-free or that the Website, its servers, or Materials available from the Website are free of any harmful components.
6. Limitation of Liability
To the fullest extent permissible under applicable law, MuseScore will have no liability, and any User waives any claim, based on the Website, its performance and functions, the services provided thereon, any Material posted on the Website, or any transaction, service or functionality transacted or made available through the Website. MuseScore is to be considered as offering “mere conduit”, and its liabilities (if any) are restricted to offering the technical possibility of accessing the platform, subject to availability of the Internet, and the User’s ability to access and use the functionality of the Website.
MuseScore will never be liable for any breakdown of the Website, interruption or malfuction of the services provided through the Website, or any other malfunction or technical issues related to the operation of the Website.
MuseScore will never be responsible for any links to third party websites, or any other connection to or interaction with third party materials or functionality.
Users specifically waive any liability of MuseScore for any Material posted on the Website.
Under no circumstances will MuseScore be liable for any indirect losses, including any loss of business or loss of profit.
To the extent permitted by applicable law, in any event will MuseScore’s liability be limited to the lesser of the total value of monetary value paid by a User during the six months preceding the cause of liability or 10.000,- Euro.
7. Procedure in case of alleged infringement
MuseScore encourages users to report any alleged abuse or infringement of any rights (including but not limited to Intellectual Property Rights) by any Material posted on the Website.
Such report must be done by using the appropriate functionality made available on the Website (typically, a “report abuse” button or function). Such report must contain all appropriate information allowing MuseScore to usefully assess whether there is a realistic risk that any abuse or infringement has taken place. MuseScore may indicate in its functionality the kind of information that may be required or useful in this respect, and User will use its best endeavors to comply with such request for information.
MuseScore will have the right, but not the duty, to take any appropriate action as it deems fit, in its absolute discretion, resulting from such report. Such action may include disclosing the identity and Personal Data of the alleged infringing User to the User claiming abuse, in order to allow such User claiming abuse to take appropriate steps against the alleged infringing User. MuseScore will never be liable for such disclosure, or its possible effects or consequences.
For copyright infringement in the United States under the DMCA, please follow this procedure.
8. Data Protection and Privacy
MuseScore will comply with all applicable Data Protection Laws, and will use appropriate technical measures to protect any Personal Data from unauthorized disclosure or use.
Users will comply with all applicable Data Protection laws, and will provide MuseScore, at User’s cost, with all reasonable assistance in this respect.
User shall never:
- Violate or attempt to violate the technical or data security of MuseScore;
- Go beyond the limitations of use applicable to its account;
- Attempt to probe, scan or test the vulnerability of MuseScore’s systems or networks;
- Attempt to interfere with the provision of MuseScore’s services or Website, including but not limited to hacking, introducing virus or malware, denial of service attacks or any other technical act that could or risks to impede MuseScore’s Website functionality.
9. Quality ratings
MuseScore is entitled to set up a system of quality ratings, in order to allow Users to have visibility on how other Users rate the quality of certain Material.
MuseScore will have no liability in respect of this rating system, and is under no obligation to provide any feedback or explanation to User inquiries in this respect.
10. Distant sale & other consumer protection laws
If the User is a consumer, located in the European Union, as defined in the Belgian Trade Practices Act of 14 July 1991 (as amended from time to time), then, in accordance with the relevant provisions thereof, such consumer has the right, within a period of 7 days of entering into this agreement by registering a User account (or upgrading to a paid account), to cancel such agreement, at convenience, by sending a cancellation to the address of MuseScore mentioned on the Website, in which case any monies paid will be reimbursed by MuseScore in the same manner in which they were originally paid.
MuseScore will comply with other relevant legislation in respect of consumer protection, to the extent applicable to these Terms.
11. General Provisions
MuseScore may suspend the provision of services or access to the Website at its discretion, with or without notice. MuseScore will never incur any liability as a result thereof.
Notwithstanding the foregoing, MuseScore may elect to set up a system of online dispute resolution. If that is the case, MuseScore will inform Users of the applicable terms thereof, and they will apply as from the moment indicated in such notice (including for existing disputes, or disputes arising out of events pre-dating such notice, if so elected by MuseScore).
If any provision of the Agreement is held by a court of competent jurisdiction to be legally ineffective or unenforceable, such provision shall, to the extent possible, be deemed rewritten to reflect the original intent of the parties, and the validity of the remaining provisions shall not be affected.
The following definitions apply:
Intellectual Property Rights: means rights of exclusive or restrictive use, such as patents, designs, models, drawings, copyrights, software rights, database rights, trade marks, services marks, know-how, web domain names, trade names (all whether registered or not, and including any applications thereto) and in general all rights of a same or similar nature, anywhere in the world including all extensions, reversions, revivals and renewals thereof.
Material: any sheet music created on, uploaded into, modified on or downloaded from the Website, as well as any other music, video, images, pictures, graphics, content, data or information uploaded, stored, posted, transmitted, emailed, communicated or submitted on or through the Website.
Website: The Website through which MuseScore offers its services online, currently http://musescore.com, or any successor or other url indicated by MuseScore from time to time.
Copyright © 2011 MuseScore BVBA. All rights reserved.
Dated 23 February 2011