Welcome to the website of 7th Note Entertainment, Inc, an Illinois corporation (“7th Note,” “we” or “our” or “us”). The 7th Note website provides the user (“you” or “user”) with licensing options for the use of certain rights in and to musical compositions and sound recordings (“Recordings”) from a curated catalog of musicians, bands, and composers.
c. The Service may contain links to third-party websites that are not endorsed, owned or controlled by 7th Note. 7th Note does not monitor or review the content of any third-party websites. 7th Note has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, 7th Note will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly release 7th Note from any and all liability arising from your use of any third-party website. You should evaluate the security and trustworthiness of any other website connected to the 7th Note website or accessed through this site yourself, before disclosing any personal information to them.
b. The Service and any Content accessible through our Service are for your use only. For each license purchase, we grant you a limited, non-exclusive, non-transferable license, in accordance with the License Agreement you will receive and sign via one of our agents. Except for the foregoing limited license, no right, title, or interest shall be transferred to you.
c. We continually update the 7th Note Content library. In addition, we continually test various aspects of our Service, including our website, user interfaces, promotional features, availability of 7th Note Content, delivery, and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate.
e. The availability of Content to listen and/or view will change from time to time and from location to location. The quality of the audio and/or display of the Content may vary from device to device, and may be affected by a variety of factors, such as your location and the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. 7th Note makes no representations or warranties about the quality of your listening and/or watching experience on your audio or visual devices or equipment. The time it takes to begin listening to and/or watching Content will vary based on a number of factors, including your location, available bandwidth at the time, the Content you have selected, and the configuration of your viewing device.
g. The Content on the Service, and the trademarks, service marks, and logos on the Service, are owned by or licensed to 7th Note, subject to copyright and other intellectual property rights under the law.
h.You agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
I. 7th Note reserves the right to discontinue any aspect of the Service at any time.
j. You agree that you will log each use of a Recording in your user account. Logging a use creates an individual license agreement. Without an individual license agreement the use is invalid.
7. Disclaimer of Warranties; Limitation of Liability.
a. Disclaimer of Warranties. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, 7TH NOTE, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF.
b. Limitation of Liability.
i. IN NO EVENT SHALL 7TH NOTE, ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR EXPECTED REVENUE, LOST PROFITS, OR LOSS OF BUSINESS, FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
ii. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT 7TH NOTE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
9. Use of Information Submitted. 7th Note is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Service, including the 7th Note website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement, or payment to you for any purpose whatsoever, including without limitation, developing, manufacturing, and marketing products and creating, modifying, or improving the Service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note 7th Note does not accept unsolicited materials or ideas for Content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to 7th Note. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against 7th Note regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
10. Monitoring and Enforcement. Notwithstanding anything herein to the contrary, 7th Note has the right to:
a. remove or refuse to post any Content or Feedback for any or no reason in our sole and absolute discretion;
c. disclose your identity or other information about you to any third party who claims that any portion of your Content violates their rights, including their intellectual property rights or their right to privacy;
d. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service or the 7th Note website; and
e. terminate or suspend your access to all or part of the Service or the 7th Note website for any violation of these
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service or the 7th Note website.
12. General Provisions.
d. Survival Clause. The Disclaimer of Warranties (Section 10.a.), Limitation of Liability (Section 10.b.), Severability (Section 10.c.), Indemnity (Section 11), and Governing Law; Venue; Jurisdiction; Waiver (Section 15.e.) provisions shall survive the termination of your use of the Service, the deactivation or termination of your account, and the expiration or termination of your License Agreement(s).
e. Force Majeure. Except for the payment of license-related fees, each party will be excused from any failure or delay caused by or the result of causes beyond its reasonable control and could not have been avoided or corrected through the exercise of reasonable diligence, including, but not limited to, acts of God, fire, flood, earthquake, hurricane or other natural catastrophe, terrorist actions, laws, orders, regulations, directions or actions of governmental authorities having jurisdiction over the subject matter hereof, or any civil or military authority, national emergency, civil unrest, insurrection, riot or war, labor strikes not involving either party’s employees, general failure of telecommunication or digital transmission links, general failure of the Internet, failure of any third party operating systems, platforms, applications or networks not under reasonable control of 7th Note, or other similar occurrence.