Terms of Service
BY USING THE CHORDS.IO WEB SITE ("SERVICE" OR "SERVICES") OR ANY SERVICES OF CHORDS.IO, PROVIDED BY NOIRDOOR MEDIA MUSIC GROUP, LLC. YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS ("TERMS OF SERVICE" OR "TERMS"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY (LABEL), YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY.
In using the Chords.io service, you agree to all of the following:
You are at least 13 years of age.
You will keep a valid email address associated with your account at all times.
You will use a secure, unique password for your account, and will not share access or take any steps that may threaten the security of your account.
You will not upload, post, email, transmit or otherwise make available (for example through links to external websites) any material that:
1. Is unlawful, abusive, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or is otherwise objectionable.
2. You do not have a right to make available under any law or under a contractual relationship;
Infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights).
3. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy.
4. Interferes with or disrupts the Chords service or probes, scans, or tests the vulnerability of any system or network or breach or circumvent any security or authentication measures; Accesses, tampers with, or uses non-public areas of the service, shared areas of the service you have not been invited to, our (or our service providers’) computer systems.
5. You are granted a limited, non-exclusive, revocable license to use the Service, including any software, images, documentation, designs, fonts, trademarks, and themes that are its component parts (the "Chords service components").
6. Service components are owned by Noirdoor Media Music Group, LLC. and are protected by copyright, trade secret, and other intellectual property laws.
7. You agree not to store, copy, republish, sell, assign, sub-licence, translate, scrape, reverse engineer, or create derivative works based on any of the service components.
8. Any use of the service components, outside of the terms of this agreement, without written approval of Chords is prohibited.
9. You may not use Chords to send unsolicited emails. We reserve the right to disable outgoing emails from your account if emails sent from it are marked as spam by recipients.
You will not use the Chords service in a manner that uses resources more heavily than would be the case for a standard user of the Website. This includes, but is not limited to email volume, data storage, bandwidth usage, and server CPU load.
10. Chords reserves the right to determine, in its sole discretion, if there has been a breach of any of these rules and may disable or delete member accounts without warning or compensation. If a breach of these terms results in damages or costs to Chords, they will be billed to you (including but not limited to: data transfer, storage space, legal costs.)
11. You must provide your name, a valid email address, and any other requested information in order to complete the signup process.
12. You are responsible for maintaining the security of your account and password. Chords.io will not be liable for any damage as a result of your failure to comply with this security obligation.
13. You are responsible for all content posted and all activities that occurs under your account.
You are also responsible for all content that is posted by and all activities occurred under those who have accounts under your account.
14. You may not use the Service for any illegal or unauthorized purpose.
You may not use the Service to, directly or indirectly, violate any laws in your jurisdiction.
The use of the API, including use of the API through a third-party product that accesses Chords, is bound by this Terms of Service.
Excessively frequent requests to Chords via the API may result in the temporary or permanent suspension of your account's access to the API.
Chords has sole discretion to determine excessive usage of the API. In any case, Chords will make a reasonable attempt via email to warn the account owner prior to suspension.
Chords reserves the right to, temporarily or permanently, modify or discontinue, at any time, your access to the API (or any part thereof) with or without notice.
Chords shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, such as damages for loss of profits, goodwill, use, data or other intangible losses, resulting from your use of the API or third-party products that access data via the API.
Payment, Refunds, Upgrading and Downgrading Terms
All paid plans must provide and maintain valid payment information.
Payments are non-refundable.
For monthly payment plans, the Service is billed in advance on a monthly basis.
Cancellation and Termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered a proper cancellation. You can cancel your account at any time by using the cancel account feature.
If you cancel the Service before the end of your current paid month, your cancellation will take effect immediately and you will not be charged again.
All of your content will be immediately deleted from the Service upon cancellation.
As its sole discretion, Chords has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Chords service, for any reason at any time. Termination of the Service will result in the deactivation or deletion of your Account or denial of your access to your Account Upon termination, you will forfeit and relinquish all content in your Account.
Chords reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Chords reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice by Chords.
Chords shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
Except granting a license to us to perform and promote Chords’s Service, you own your own content.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
However, by publishing your content on Chords, you agree to allow others to view your content.
In any case, we will not enable 3rd party advertisement on your content.
Chords does not pre-screen content, but Chords and its designee have the right (but not the obligation), at their sole discretion, to refuse or remove any content that is available via the Service.
You shall defend Chords against any claim, demand, suit or proceeding made or brought against Chords by a third-party alleging that your content or your use of the Service infringes or misappropriates the intellectual property rights of a third-party or violates applicable law.
You shall also indemnify Chords for any damages awarded against, and for reasonable attorney's fees incurred by, Chords in connection with any claim, demand, suit or proceeding by a third-party alleging that your content or your use of the Service infringes or misappropriates the intellectual property rights of a third-party or violates applicable law.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Chords.
You grant Chords a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to use, to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, modify, process, analyze, in any way solely for the purpose to enhance, to perform and to promote Chords Service.
Digital Millennium Copyright Act Compliance
Our Website will respond quickly to claims of copyright infringement as found in our Content, according to the terms of
the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).
If you believe any of your copyrights are infringed by our Content, please provide us with a written notice via mail, fax, or email that contains the following information:
1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2) A description of the copyrighted work that you claim has been infringed;
3) A description of where the material that you claim is infringing is located on our Website;
4) Your address, telephone number, and email address;
5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
We are only required to respond to those notices that substantially comply with the above requirements.
We will investigate your claim and will notify by the method of contact you used to file your notice with us.
The Site’s Copyright Agent can be reached at: firstname.lastname@example.org
(IMPORTANT: This contact information is intended specifically for the receipt of "Notifications of Claimed Infringement" under the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512. It is not intended for general inquiries concerning the use of Renowned Musicians and its website.)
If Chords makes any material changes to these Terms, we will notify you at least 14 days in advance by email or by posting a notice on our site before the changes are in effect.
Any new features that expand or enhance the current Service shall be subject to the Terms of Service.
Expansion or enhancements includes the release of new tools and resources. Your continued use of the Service after any such changes shall constitute your consent to such changes.
Violation of any of the Terms will result in the termination of your Account.
While Chords prohibits conduct and content in violation of the Terms of Service, you understand and agree
that Chords cannot be responsible for the content posted on the Service and you nonetheless may be exposed to such materials.
You agree to use the Service at your own risk.
Your use of the Service is at your own risk. The service is provided on an "as is" and "as available" basis.
Support for Chords Services is only available in English and via email.
You must not modify, adapt, or "hack" the Service or modify another website so as to falsely imply that it is associated with the Service, Chords, or any other services provided by Chords.
You may use the Chords pages static hosting service only as permitted and intended by Chords to host your organization pages, personal pages, or project pages. You may not use Chords pages static hosting service for any other purpose.
We may, but have no obligation to, remove content and Accounts containing content that we determine, at our sole discretion, are unlawful, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You understand that Chords uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
Your verbal, physical, written or other abuse (including threats of abuse or retribution) of any Chords customer, employee, member, or officer will result in immediate termination of your Account.
You understand that the technical processing and transmission of the Service and your content may be transferred unencrypted and may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
You may not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Chords) of other Chords customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
Chords does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, secure, timely, or error-free, (iii) the quality of any information, products, services, or other material purchased or obtained by you through the service will meet your expectations, (iv) the results that may be obtained from the use of the service will be accurate or reliable, or (v) any errors in the Service will be corrected.
The failure of Chords to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
The Terms of Service constitutes the entire agreement between you and Noirdoor and govern your use of the Service.
The Terms of Service superseding any prior agreements between you and Noirdoor, including, but not limited to, any prior versions of the Terms of Service.
You expressly understand and agree that Chords shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
(i) the use or the inability to use the service;
(ii) unauthorized access to or alteration of your transmissions or data;
(iii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through, or from the service; (iv) statements or conduct of any third-party on the service; or
(v) any other matter relating to the service. Noirdoor is not liable even if it has been advised of the possibility of such damages.
You agree that these Terms of Service and your use of the Service are governed under the Laws of the State of Delaware and any dispute shall be adjudicated in the State of Delaware.
Chords may interact with law enforcement regarding your use of the Chords Services.
You acknowledge and agree that Chords may make your information available to law enforcement.
Chords requires valid legal process, such as a subpoena, court order, or search warrant, in order to produce records of non-public user information to U.S.-based law enforcement.
Chords requires a search warrant issued under the procedures of the Federal Rules of Criminal Procedure or equivalent state warrant procedures to compel disclosure of the content of user communications.