Welcome to klangr's Terms of Service. Please read this carefully before using our site, services, or products. klangr is a new kind of network for musicians and music-lovers. The primary purpose of klangrTM is to enhance the digital presence of music, musicians, and music-making by mapping and connecting the underlying data and making it available thereby enabling musicians to reach out to existing and new audiences. Made up of connected individual websites klangr.com is powered by a rich database of music and music-making called musicDNA - who did what where whenTM. On klangr, every connection is the entry point for a journey to and from fans and other musicians, influences and potential new experiences, all serving to amplify your online profile whether you make music, know lots about music, or simply love it.
This is a contract (the 'Agreement') between you and klangr. It's supposed to be clear, fair, and honest, but if you need further clarification, please get in touch.
The term 'klangr' or 'us' or 'we' refers to the owner of the Services, klangr Limited. klangr Limited is a UK-registered company; registration number 08820788. The term 'musicDNA' refers to the index which powers klangr and is owned by klangr Limited. klangr is subject to the laws of the United Kingdom. The term 'you' refers to the user or viewer of the Services. The term 'User' or 'Users' refers to any or all users of the Services.
klangr is global in its scope and its community, but is based in the UK. By using klangr you consent to the transfer, storage, and processing of your information and User Content and any personal information, to and in the United Kingdom and/or other countries.
No individual under the age of thirteen (13) may use the Services, provide any personal information to klangr, or otherwise submit personal information through the Services. Likewise, no one may submit personal information about an individual under the age of 13.
The Services that klangr provides are constantly changing as we continue developing them so the Services may change from time to time, or cease, without prior notice to you. The Services may include advertisements, which may be targeted to the Content or information within the Services. You agree that klangr and its third party providers and partners may place such advertising on the Services.
Some of our Services are non-free ('Paid Services'). Purchases of Paid Services are final and non-refundable.
'Content' means any creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; 'User Content' means Content that a User submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all User Content.
klangr's Content comprises three primary types: factual assertions ('Facts'); text, images, multimedia ('Material'); links to external content ('Links').
1. Facts are not subject to copyright, although the presentation of them is; however, you should ensure that any facts you enter on klangr or via the musicDNA index are true to the best of your knowledge (imprecise facts are allowed and even welcomed, although you should aim for the highest practical level of precision).
2. Material - you should own the copyright or have permission to use any text, images, multimedia or other material that you provide; reviews and comments should be completely your own work; where it is possible to attribute ownership/authorship for Material, you must do so. Some Material may be designated by use of our premium asset management tools, where applicable, as non-free and available for sale ('Assets'). For sake of clarity, any Material not submitted or linked through these clearly-denoted tools may not be considered an Asset.
3. Links - URLs (and/or URIs) are not subject to copyright, but you must ensure that you only provide links to content that is freely and publicly available on the internet.
The Content you submit to the Services will be able to be viewed by other users of the Services and through third party services and websites, in the case of Assets subject to a fee, and may be accessed/served in a number of ways (some of which have not been invented). You should only provide Content that you are comfortable sharing with others under these Terms. You are responsible for any and all Content that you provide to klangr and for any consequences thereof, including the use of your Content by other users and our third party partners. klangr may not monitor or control the Content on its Services and cannot take responsibility for the Content.
Any use or reliance on any Content accessed via the Services is at your own risk. We do not endorse the Content on our Services, nor do we guarantee its accuracy, completeness, or reliability. Under no circumstances will klangr be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Services or elsewhere.
All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of klangr. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and the rest of the world. Nothing in the Terms gives you a right to use the klangr name or any of the klangr trademarks, logos, domain names, and other distinctive brand features. Any use of klangr's or musicDNA's trademarks, branding, logos, shall only be with our written permission and shall comply with any guidelines issued by us.
We give you a personal, worldwide, royalty-free, non-assignable, non-transferable, and non-exclusive licence to use the software that is provided to you by klangr as part of the Services. This licence is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by klangr, as allowed by these Terms.
You retain ownership of and any applicable rights to User Content which you submit through or to our Services, and klangr and/or third parties retain ownership and any applicable rights in all Content other than User Content. By providing Content on or through the Services, you grant us a worldwide, non-exclusive, transferable, royalty-free licence (with the right to sublicense) to use, host, store, cache, copy, reproduce, process, adapt, modify, perform, publish, transmit, display, and distribute such Content in any and all media or distribution methods (now known or later developed), including via other companies, organizations or individuals who partner with klangr for the syndication, broadcast, distribution or publication of such Content on other media and services; in the case of Assets only this will be subject to a fee as established by us. The rights you grant in this license are for the purposes of allowing klangr to operate, promote, improve, and develop the Services. Any and all uses by klangr, or other companies, organizations or individuals who partner with klangr, may be made with no compensation paid to you with respect to the Content that you make available through the Services with the sole exception of Assets which are subject to a fee as established by us. Your User Content may be commented on or linked to by other users. We may modify or adapt your Content in order to transmit, display or distribute it, as necessary. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability.
klangr respects intellectual property and requires Users of the Services to do the same. If you believe that Content on klangr constitutes copyright infringement, please provide us with the following information: (i) the signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the Material that is claimed to be infringing and information reasonably sufficient to permit us to locate the Material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the Material on klangr is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in your notification to us is accurate, and that you are authorized to act on behalf of the copyright owner. We reserve the right to remove any Content whatsoever and/or to terminate the originating User's account without prior notice, at our sole discretion.
You must obey the law and all the Terms of this Agreement.
You must provide accurate and truthful information both on klangr and in your User account details.
You must keep your password secret and your account to yourself.
You must pay whatever fees and taxes are due and you understand that we may store your payment information.
You must read and respond if necessary to any important notices provided to you via our Services.
You must have a great time using klangr.
You must not do any of the following: attempt to hack or reverse engineer our software or websites; attempt to search the Services except via our currently available, published interfaces that are provided by klangr; scrape the Services and any Content from the Services; attempt to overload the Services; sell or trade your klangr account to another party; charge anyone for access to klangr or any Content on klangr except as allowed by this Agreement; use the Services for any illegal or injurious activity whatsoever.
You must not act in a dishonest or unprofessional manner while using klangr including but not limited to any of the following: provide inaccurate information of any kind; share sensitive personal information; harass, abuse, or harm another person, including sending unwelcomed communications to others using klangr; attempt to use another person's account or create a false identity on klangr; submit any unlawful, libellous, abusive, obscene, discriminatory, or otherwise objectionable Content; use or copy information or Content from klangr to provide any service that could be considered competitive; give the impression that you are affiliated with or endorsed by klangr in any way.
You are responsible for keeping the password that you use to access and use the Services completely safe and secure, and we recommend changing it on a regular basis.
The email address associated with your klangr account must be accurate and up-to-date, as this is the primary way we can be sure of contacting you.
If you are aware of or suspect any unauthorized use of your Account or Account password you must notify us immediately.
Your access to and use of the Services or any Content is at your own risk.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, KLANGR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
klangr makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. klangr also makes no representations or warranties of any kind with respect to Content; User Content, in particular, is provided by and is solely the responsibility of, the Users providing that Content. No advice or information, whether oral or written, obtained from klangr or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the klangr Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the klangr Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLANGR AND THE KLANGR AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KLANGR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF KLANGR AND THE KLANGR AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Information on this website is:
of a general nature only and is not intended to address the specific circumstances of any particular individual or entity;
not necessarily comprehensive, complete, accurate or up to date;
sometimes linked to external sites over which klangr has no control and for which it cannot therefore assume responsibility;
not professional or legal advice (if you need specific advice, you should always consult a suitably qualified professional).
The Terms will continue to apply until terminated by either you or klangr as follows.
You may end your legal agreement with klangr at any time for any reason by deactivating your accounts and discontinuing your use of the Services.
We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or other klangr guidelines as published, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
Either party may terminate this Agreement at any time by notifying the other party.
Please note that your klangr/musicDNA username will be visible to other klangr/musicDNA Users.
We may revise these Terms from time to time, the most current version will always be online at www.klangr.com. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account and/or by indicating the revision on klangr and/or through a notification on your klangr dashboard and/or in our mobile applications. You are responsible for reviewing and becoming familiar with any modifications to this Agreement. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective ten days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
klangr is developing all the time. The Services change frequently, and their form and functionality may change without prior notice to you. klangr retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. klangr may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. klangr may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, or Content. klangr may also terminate or suspend User accounts at any time, in its sole discretion.
klangr may change its prices for Paid Services at any time. To the extent applicable, klangr will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you an email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
klangr Limited 1 June 2015