General Terms and Conditions of Usage for the MUSICA PIANO APP
Applicable as of 29.07.15
The “MUSICA PIANO APP” (hereinafter “App”) will be provided by koenemann.com Hu Kft., H-1021 Budapest, Budenz út 1 (hereinafter “koenemann”) via the Apple iTunes App Store (hereinafter “App-Store”). Accordingly, koenemann and not the App Store is responsible for the App.
The use of the App is subject to the following General Terms and Conditions of Usage (hereinafter “Terms of Use”). In order to use the App, you must agree to the Terms of Use. By installing the App you indicate your acceptance of these Terms of Use.
1. Subject matter and services of koenemann
1.1 With the App we offer the use of scores, audio material and video material.
1.2 The App is available in a Basic Version and in three different Premium Versions (hereinafter “Premium Versions”). The Basic Version is free of charge as an ad-supported version for all users. To use the Premium Version, a subscription is taken out.
1.3 In the Basic Version the user may only view the scores online. The central database can be only be accessed digitally in the Basic Version. A printout of the scores is not possible. The only audio files available for offline use are “The Friendly Piano School”.
In order to use all the features of the Basic Version, your device must be connected to the internet. This may incur costs for you. With poor internet connection, use of the Basic Version may be limited.
In the Basic Version, you will be provided with information on interesting products and services in the form of on-screen advertising. An ad-free use of the App is possible via subscription to a Premium Version.
1.4 koenemann offers users of Premium Versions of the app clearly advanced functionality. The Premium Versions “Premium”, “Syntunes” and “Syntunes PLUS” allow the user for the duration of their subscription to store content on up to one iPad. Transfer and reproduction of this content (by technical means) to other media is not permitted. The Premium Versions furthermore include the possibility of offline use of the App functions and permission to print the scores. The versions “Syntunes” and “Syntunes PLUS” additionally provide synchronized recordings of international artists: in the version “Syntunes” in 64 kbit/s quality, in the version “Syntunes PLUS” in 320 kbit/s quality.
1.5 On occasion, we offer the use of the Premium Versions of the App free of charge for a certain time (“Trial”). koenemann reserves the right to determine at its sole discretion, unfettered, who can participate in these trials and when they end and without limit and without any liability.
2. Subscription/ Premium Versions
2.1 In order to use the Premium Versions of the App (1.4), it is necessary to take out a paid subscription. The conclusion and invoicing of a subscription takes place via the App Store subject to its usage policies.
2.2 The subscriptions are concluded for an indefinite period and can be terminated in writing by either party at any time with a notice period of one month to the end of the month (for details, see section 7).
2.3 The current user fees (the “Fees”) for our Premium Versions can be seen under http://www.musicapiano.com/en/subscription/.
3. Duties and obligations of users
3.1 Users who have subscribed to a Premium Version are obliged to pay the monthly fee.
3.2 Users are required submit true and accurate registration information and keep this up to date and complete. The disclosure of access data, especially login name or password to third parties and the use of the App under foreign access is prohibited.
3.3 For the duration of their subscription, users of the Premium Versions are allowed to download the scores in the available print version, and to print for their own, private and non-commercial purposes. Any further use of the scores, in particular digital editing and changing the print version, is not permitted. Scores from EMB Publishers may each be printed by the user only once. The scores in question are provided with a copyright notice of the publisher. In addition, the user undertakes not to pass on printed scores to third parties. Excluded here is the right of music teachers to make multiple copies of the scores – except for those of EMB Publishers – in the available print version and to provide these to personally supervised music students for learning purposes.
3.4 With the Premium Versions of the App, koenemann provides users with a platform through which they can position their own music, pictures, recorded music, fingerings etc. (hereinafter “Content”) and make it accessible to other users of the App. The responsibility for this Content lies exclusively with the user. For koenemann, this Content is third-party content. koenemann neither approves nor appropriates this. The Contents are in this respect not monitored, checked or edited by koenemann. Users may only post Content in the App and publish, transmit and distribute it if they are authorized to do so. For this, the user must possess the exclusive usage rights to the Content posted by him. If the user himself is not the holder of these rights (e.g. trademark, copyright, moral rights), he guarantees koenemann to have effectively obtained all the necessary rights. The user is expressly forbidden to put Content which harms third party rights on the App or to use the App to save, publish, transfer and distribute this.
3.5 Users may to upload only Content and develop activities that do not violate legal prohibitions and public decency. The placing and dissemination of discriminatory, offensive, racist, defamatory, pornographic, glorifying violence or other illegal content on the App is prohibited. This also applies to the registration and the selected user name. koenemann expressly dissociates itself from such Content.
3.6 The user will observe applicable data protection laws and the privacy rights of third parties. In this context, the user assures he will not place any personal data of third parties without the prior permission of the person concerned on the App, or distribute this or make this otherwise accessible through the App.
3.7 Copying, reproduction, ripping, recording or making publicly accessible any part of the App or its contents is strictly prohibited. Furthermore, printed scores may not be re-scanned and otherwise published; the local files necessary for use of the App may not be copied or otherwise used; the App may not be decompiled, disassembled, or modified, technical measures may not be circumvented which are used by koenemann, licensors or other third parties to protect the contents of the App; the App may not be hired or loaned out; the App may not be manipulated by scripts or other automated processes; and references to copyright holders, trademark owners and other commercial proprietary notices may not be removed or modified.
3.8 The user is not entitled to use mechanisms or programs in conjunction with the App, which interfere with the operation or function of the App. In particular, it is forbidden to gain Premium Versions or functions of the App through measures, bypass mechanisms or the exploitation of bugs in the program.
3.9 koenemann is entitled to prevent infringements of the duties and obligations specified here and if necessary, temporarily or permanently, prevent the user from using the App. In particular, koenemann has the right in individual cases to remove User Content or prevent access to it if there are objective reasons for such a decision taking into account the interests of users. Such objective reasons may be present in particular when it is necessary to protect the rights, property or safety of koenemann, the App, users or other persons, if Contents violate these terms and conditions (in particular paragraphs 3.4 and 3.5) or the applicable rules or regulations or if the rights of third parties are harmed. In this case, you will be informed by koenemann. The removal of certain user Content is not guaranteed by us. The user has no right to restore this deleted Content.
3.10 koenemann is happy to receive reports and complaints which give reasons for Content infringing intellectual property rights or intellectual property, or not according with these Terms of Use at support@musicapiano.com
4. Indemnification by the user
4.1 The User shall indemnify koenemann from all claims, including damage-compensation claims, asserted by third parties against koenemann due to an infringement of their rights and which are due to Content that the user has placed in the App or which are based on any other infringement of rights of App use by the user.
4.2 The user assumes in this context all reasonable costs, including all court costs and attorneys’ fees, incurred by koenemann due to an infringement by a third party. Other rights, including damage claims by koenemann remain unaffected.
4.3 The aforementioned obligations shall not apply if the user is not responsible for the infringement in question.
5. User-generated Content
5.1 The user grants koenemann for all Content he has generated, transmitted and published in the App (3.4), a non-exclusive, irrevocable, fee-free, transferable, sub-licensable, indefinite and geographically unlimited right to use the Content, reproduce it, provide it to the general public, translate it, share it, “like” it and disseminate it in any other way.
5.2 The exclusive rights to the Content posted by the user remain with the user.
5.3 Incidentally koenemann exercises no oversight role with respect to user-generated Content.
6. Commercial property rights and rights of use
6.1 The functions and contents of the App are the exclusive property or in exclusive rights ownership of koenemann or the respective licensor of koenemann. The Contents of the App include non-exclusively all notes, information, logos and trademarks, trade names, domain names, images, photographs, sounds, computer programs and databases. Unless expressly stated otherwise in these Terms of Use, you are given no right of use or other right to this Content.
6.2 koenemann grants the User – subject to the required payment (Premium Versions) – a non-exclusive, revocable, limited to the time on the term of the agreement and the content in accordance with these Terms of Use, the limited right to private, non-commercial use of the App. In particular, the right of use granted permits only a limited right to print and to copy the scores (see paragraph 3.3).
6.3 The right to use the Premium Versions ends at the latest when the licence agreement between the user and koenemann for the use of that Premium Version ends.
6.4 The software applications of the App will be licensed to the user and not sold. koenemann therefore retains all ownership of all copies of the software applications of the App, even after installation on their devices. koenemann can transfer this agreement or any parts of it without limitation. The user, however, cannot transfer or sublicense the agreement, or parts of it, to third parties.
6.5 The user undertakes to comply with these Terms of Use and not to use the App (and especially its Content) in a way that is not expressly permitted by these Terms of Use.
6.6 The software libraries from third parties that are included in the App are licensed to the user in accordance with these Terms of Use or under the terms of the applicable third party Software Library, i.e. in accordance with the license conditions as published on our website or under the “About” button of the App.
6.7 Audio recordings in the app courtesy of Naxos Deutschland – www.naxos.de
6.8 Video recordings in the app (Bach, Well-Tempered Clavier): A co-production of BBC Wales and EuroArts Music International
7. Duration and termination
7.1 The usage contracts between the user and koenemann are concluded for an indefinite period and in the Basic Version can be terminated by either party without notice at any time.
7.2 With subscriptions to the user fee-based Premium Versions, both parties are entitled to an ordinary right of termination. The subscription may be terminated in this case 24 hours before the end of the current month.
7.3 The right of termination for good cause remains unaffected by the aforementioned provisions. One important reason koenemann would be entitled to immediate termination of the usage agreement would be if the user does not adhere to his duties and obligations in accordance with point 3, or fails to pay for the use of a Premium Version.
7.4 koenemann is entitled to a special right of termination in the event that the whole App is discontinued.
7.5 Termination shall be effected through the App Store. The user can deactivate the subscription function via his Apple ID and thereby terminate the usage agreement. In the case of timely notice, the fee will no longer be charged to the users iTunes account. In the event of unauthorized access to the App or any other breach of these Terms of Usage, koenemann is entitled to terminate the contract or to suspend access to the App.
8. Warranty
8.1 The App is provided to the user of koenemann in the current or most up-to-date version available. It is not ruled out that changes and further developments of the App can affect the conditions for the operation and compatibility requirements for the App. There is no entitlement to continuation or manufacture of a particular state or functionality of the App.
8.2 koenemann strives permanently to offer the App properly. In this context, koenemann will resolve to rectify possible errors within a reasonable timeframe, insofar as they significantly affect the use of the App. In some cases, you may need to download a further version of the App to finally eliminate the problem and allow further smooth use of the App.
8.3 The user is strongly requested to log errors encountered the App and report these to koenemann immediately in writing or by e-mail throught the available communication channels.
8.4 Claims due to a deficit in the App already existing upon conclusion of the contract or occurring later, due to a circumstance for which koenemann is not responsible, are excluded.
8.5 A deficit of the App may entitle the user to claims due to defects if the use of the App is severely and sustainably affected. koenemann is liable for deficits in the Premium Versions, insofar as the prevailing law makes this mandatory.
9. Liability
9.1 koenemann is liable for intent or gross negligence for injury to life, limb or health, according to the rules of the product liability act as well as the extent of an assumed warranty.
9.2 In case of negligent breach of a material contractual obligation, liability is limited to typically foreseeable damage at the conclusion of the contract. Material contractual obligations are obligations that enable the fulfillment of the proper execution of the contract and on which the contractual partner regularly relies and may rely (so-called. cardinal duties).
9.3 In addition, a further liability is excluded. In particular, koenemann is not liable for the accuracy, completeness and timeliness of the Content of the App.
9.4 The above limitations of liability shall also apply to the personal liability of employees, representatives and organs of koenemann.
9.5 koenemann strives to make all features of the App not available offline accessible on average 90% of the time. Periods in which the respective functions of the App due to technical or other problems are not available and are not within the sphere of influence of koenemann (e.g. force majeure, fault of third parties) are the exception. Also excluded are periods when maintenance on the technical systems are carried out by koenemann.
10. Data protection
10.1 These Terms of Use are subject to the currently applicable privacy statement of koenemann. This is available at http://www.musicapiano.com/en/privacy-policy/.
10.2 As specified in the privacy policy in more detail, all personal data received as part of the registration and use of the App arising in accordance with the relevant legislation on the protection of personal data, is collected, processed, stored and used for the sole purpose of the contract management.
10.3 Personal data will not be used for purposes of advertising or marketing.
10.4 The personal data of users of Premium Versions are passed onto a service provider for the purposes of invoicing.
11. Final provisions
11.1 If any provision of the Terms becomes invalid, the validity of the remaining provisions shall remain unaffected.
11.2 For a current version of the Terms of Use, see http://www.musicapiano.com/en/terms-of-use/.
11.3 koenemann is entitled to modify the performance and functionality of the App, as well as the Terms of Use at any time, provided that the Premium Versions are not affected. Incidentally, koenemann is entitled to change the Terms of Use at any time, provided that the user’s attention is drawn to the changes in the Terms of Use at least one month before the planned introduction of the new Terms of Use. The amendments to the Terms of Use will take effect if the user does not object within three weeks. koenemann will indicate to the user when announcing the changes of his right to object. If the user objects to the changes, koenemann may terminate the license agreement.
11.4 The parties expressly agree that koenemann is under no obligation to develop the App further – whether by way of the upgrade or update – or to offer special content via the App.
11.5 In the present terms of the contract, Hungarian law applies exclusively.
Users can contact koenemann at the following addresses:
koenemann.com Hu Kft.
H-1021 Budapest, Budenz út 1.
Hungary
support@musicapiano.com
www.musicapiano.com
www.koenemann.com
