Updated: June 28, 2018
The website located at www.orarion.co.uk, and its contents (both generated and static) and applications, (the "Site") is a copyrighted work belonging to Vesperus Technology Ltd ("Company", "us", "our", and "we"). Through the Site, the Company provides certain services, including its online service that enables users to set input texts to music, purchase subscriptions for, and view and print, the sheet music produced by the Orarion system (such services collectively, the "Services"), and one or more proprietary software applications for the viewing of such sheet music (each, an "Application").
THESE TERMS AND CONDITIONS (THE "AGREEMENT") SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE, SERVICES, AND THE SHEET MUSIC, APPLICATIONS, AND OTHER MATERIALS PROVIDED THROUGH THE SITE. BY ACCESSING OR USING THE SITE, SERVICES, OR ANY SHEET MUSIC, APPLICATION, OR OTHER MATERIAL PROVIDED THROUGH THE SITE, (1) YOU REPRESENT THAT "YOU" ARE THE INDIVIDUAL THAT MAKES USE OF THIS SITE, (2) YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION TO CREATE BINDING LEGAL OBLIGATIONS, AND (3) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU CANNOT MAKE ANY OF THE FOREGOING REPRESENTATIONS, DO NOT ACCESS OR USE THE SITE OR SERVICES OR USE ANY SHEET MUSIC, APPLICATION, OR OTHER MATERIAL PROVIDED THROUGH THE SITE.
Certain features of the Services or Site and/or certain materials provided through the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features or materials. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. If there is any inconsistency or conflict between any provision of this Agreement and any provision in such guidelines, terms, or rules, the provision in such guidelines, terms, or rules will control but solely with respect to the feature of the Services or Site or the material provided through the Site to which such guidelines, terms, or rules apply.
In this, and subsequent sections, an "Item" means an instance of specific sheet music generated through the Service, and/or listed in the Company's then-current sheet music catalogue posted on the Site. In particular, this term refers to both sheet music generated as a vector image in your browser, as well as the PDF file generated and downloaded to your computer from the Site.
In order to use the Service, you must purchase a subscription, subject to conditions described in sections 2.1 through 2.4. A subscription grants you the right to access the Site and to use the Services under the e-mail address which you provide upon registration.
(a) download and print any number of physical copies of each Item generated through the Service solely for your use, further subject to the licence restrictions described in section 1.2; and to view on your browser each Item solely as provided through the Service and solely for your use;
(b) use each physical copy of each Item for the Purpose, as described in section 1.2;
Further to the rights and conditions described in section 1.1, the subscription licence restricts you to only use the sheet music for non-commercial, personal or liturgical use (the "Purpose"). Therefore, you may not, in respect to any given Item:
You may not, with respect to any Applications hosted by the Site:
You may not, with respect to the Site and its Services:
All copyright (and other proprietary notices) must be retained on any copies/materials obtained through the Site.
You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, on the Site, Services, Items, Applications, and any other materials provided through the Site, are owned by the Company or their respective owners. The provision of the Site, Services, Items, Applications, or other materials provided through the Site, does not transfer to you or any third party any intellectual property rights thereto. The Company and any of its suppliers reserve all rights not granted in this Agreement. The Company grants no implied licences in this Agreement.
The Company may, at times, agree to receive submissions from users for the purpose of the Company adding encoded information into the Site's online library, to be used by the Company, you and all other users as part of the Service. If you submit materials to the Company for this purpose, you agree to declare that all materials submitted by you are either your intellectual property, or are in the public domain. You further agree, from the time of submission and henceforth, to waive all right to demand any compensation from either the Company or from other users of the Site, Service, Applications and any other materials provided through the Site, for use of all materials and Site content derived from your submission.
If you provide to the Company any feedback or suggestions regarding the Site, Services, Items, Applications or materials provided through the Site (collectively, "Feedback"), you hereby assign to the Company all rights in the Feedback and agree that the Company shall have the right to use such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback you provide to the Company as not confidential or proprietary to you. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.
You acknowledge that certain features of the Site or Services or certain Applications may require the use of separate third party software, which you must download on to your computer from the site of the licensor of such third party software. Such third party software is governed by the licence agreement provided by the licensor of such third party software and not this Agreement.
You may place an order to purchase a monthly or annual subscription to the Services, or to purchase any material offered for sale on the Site subject to the terms of this Agreement. YOU HEREBY AUTHORISE THE COMPANY TO BILL YOUR DEBIT/CREDIT CARD OR PAYMENT ACCOUNT (COLLECTIVELY, THE "PAYMENT METHOD") THE FEES LISTED ON THE SITE FOR THE SUBSCRIPTION OR THE MATERIAL ORDERED BY YOU. Fees are exclusive of all taxes, levies, or duties imposed by the relevant taxing authorities, and you are responsible for payment of all such taxes, levies or duties.
The subscription fee for the Service, and any other expenses you may incur arising from your use of the Site, Services, Applications or Items, such as taxes, levies, transaction fees or duties, will be charged to your Payment Method on a monthly or annual basis on the calendar day (or anniversary, respectively) corresponding to your initial purchase of the subscription. Further, you agree that the Company reserves the right to change your billing date, in accordance with section 2.2. If this is the case, you will be notified of this change via e-mail. You therefore agree to follow the directives detailed in section 9.3 regarding your responsibilities in providing us with a valid/current e-mail address.
You may amend details of your Payment Method by contacting us directly. If a subscription fee is not successfully settled due to any reason including, but not limited to, expiration of subscription, lack of funds, the Company reserves the right to suspend access to the Services, Applications and any Items until such time as any outstanding fees are settled. WHEN YOU UPDATE/AMEND YOUR PAYMENT METHOD, YOU AUTHORISE THE COMPANY TO BILL THIS PAYMENT METHOD THE FEES LISTED ON THE SITE FOR THE SUBSCRIPTION OR MATERIAL ORDERED BY YOU AT THE FEES CORRECT AT THE TIME OF THE AMENDMENT OF THE PAYMENT METHOD. This may result in a change of billing day for your subscription.
You may, at any time, cancel your subscription to the Services by notifying us directly, or by using the appropriate function on the Site. Your access to the Site, Services, Applications and any Items will continue until the end of your monthly/annual billing cycle, at which point it will expire and your account will close. To the extent permitted by any relevant laws, all subscription fees, and payments for any materials provided through the Site, are non-refundable and the Company will not provide refunds for any partially complete subscription periods, nor on account of any unused content.
The Company reserves the right to change the fees corresponding to any and all subscription types, as well as discontinue subscription types, at any time. If this is the case, we will notify you via e-mail (see section 9.3), and the changes will not affect you until the next billing cycle.
The Company may at any time, with or without notice, modify, suspend, discontinue, in whole or in part the Site, Service, and/or Application, and withdraw any Item (including your ability to view or print any Item generated by any Application) at the Company's sole discretion. This includes any modification, suspension, discontinuation, and/or withdrawal, in whole or in part, affecting the content library within the Application. You should, therefore, upon generation, immediately print any Item. You agree to not hold the Company at any time liable to you or any third party for any modification, suspension, discontinuation, and/or withdrawal, in whole or in part, of the Site, Services, Applications, Items (including your ability to view or print such Items), and/or any other materials obtained through the Site.
You agree to indemnify and hold the Company (and its officers, directors, employees and agents) harmless from any and all liabilities, losses, damages, or expenses (including legal fees), arising or pertinent to any claim from any third party due to or arising out of your use of the Site, Services, Applications or Items, or your violation of this Agreement, or your violation of any applicable laws or regulations.
THE SITE, SERVICES, ITEMS, APPLICATIONS, AND OTHER MATERIALS PROVIDED THROUGH THE SITE ARE PRO- VIDED "AS-IS" AND "AS AVAILABLE" AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE, SERVICES, ITEMS, APPLICATIONS, OR OTHER MATERIALS PROVIDED THROUGH THE SITE,
(A) WILL BE AVAILABLE ON AN UNINTERRUPTED OR TIMELY BASIS,
(B) WILL MEET YOUR REQUIREMENTS, OR
(C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, OR SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT, LOST DATA, LOST ITEM, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, ITEMS, APPLICATIONS, OR OTHER MATERIALS PROVIDED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE SITE, SERVICES, ITEMS, APPLICATIONS, AND OTHER MATERIALS PROVIDED THROUGH THE SITE, ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT AND YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICES, ITEMS, APPLICATIONS, OR OTHER MATERIALS PROVIDED THROUGH THE SITE, FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE SUBSCRIPTION, ITEM, APPLICATION, OR OTHER MATERIAL PROVIDED THROUGH THE SITE THAT GIVES RISE TO THE LIABILITY. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT THE COMPANY'S SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND UNDER OR AS A RESULT OF THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
The Company reserves the right to, at any time and with or without prior notice, terminate this Agreement for any reason, including for any use of the Site, Services, Application, Items and/or any materials provided through the Site, in violation of this Agreement. Upon termination of this Agreement, all licences granted to you will also be terminated immediately. The Company will have no liability whatsoever in relation to the termination of this Agreement. However, you agree that even in the event of this Agreement being terminated, sections 1.2, 1.3, 1.4 and 2, 3, 4, and 5 will remain in effect. Further, you acknowledge that if any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of all remaining provisions will remain in effect.
You acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with or relating to your use of the Site, Services, Application, Items and/or any materials provided through the Site.
We may change the terms in this Agreement at any time, and if we notify you regarding any significant alterations via e-mail (to the last address you provided, if any) and/or by prominently posting the change on the Site, you agree that your continued use of the Site indicates agreement and intention to comply with such changes. Any change in terms in this Agreement will be effective in the earlier case of seven (7) calendar days after notification via e-mail or seven (7) days after posting the change on the Site.
You are responsible with providing us with your most current e-mail address. You acknowledge and agree that in the event that the e-mail provided is inactive/invalid, our dispatch of the email constitutes effective notice of such changes. You agree that if you continue to use the Site and/or its Services, you acknowledge such changes and indicate an agreement to be bound by its terms and all conditions of such terms.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
A. Except for claims of infringement or misappropriation of the Company's intellectual property rights, any and all disputes between you and the Company arising under or related in any way to this Agreement must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site, Services, Items, Applications, and other materials provided through the Site.
B. YOU AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
Copyright ? 2018, Vesperus Technology Ltd. All rights reserved. All trademarks, logos and service marks (the ``Marks") displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Support Team firstname.lastname@example.org Vesperus Technology Ltd 89 Pembroke Avenue Enfield, London EN1 4EZ