Terms and Conditions
Published: May 10, 2015
Welcome to the BossPianoSheets.com (hereinafter "BossPianoSheets.com") platform -- consisting of web sites, services,software applications and networks -- that allows for the authorized upload, download, sharing anddistribution of written digital content over the internet (the "BossPianoSheets.com Platform").Terms for "BossPianoSheets.com" and the "BossPianoSheets.com Platform" apply to any site or mobile applicationowned and operated by BossPianoSheets.com, Inc, including BossPianoSheets.com.
The BossPianoSheets.com Platform is not available to persons under the age of majority in their jurisdiction orto any users previously suspended or removed from the BossPianoSheets.com Platform by BossPianoSheets.com.If you are using the BossPianoSheets.com Platform on behalf of a company, entity, or organization(collectively "Subscribing Organization"),then you represent and warrant that you are an authorized representative of thatSubscribing Organization with the authority to bind such organization to these Terms;and agree to be bound by these Terms on behalf of such Subscribing Organization.BY USING THE BossPianoSheets.com PLATFORM, YOU REPRESENT THAT you meet the eligibility requirements in this Section.In any case, you affirm that you are at least 13 years old, as the BossPianoSheets.com Platform is not intended for children under 13.
2. Privacy; Additional Terms.
3. Individual Features and Services.
When using the BossPianoSheets.com Platform, You will be subject to any additional posted guidelines or rulesapplicable to specific services and features which may be posted from time to time (the "Guidelines").All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
BossPianoSheets.com reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time.Please check these Terms and any Guidelines periodically for changes.Your continued use of the BossPianoSheets.com Platform after the posting of changes constitutesYour binding acceptance of such changes. For any material changes to these Terms, such amended termswill automatically be effective the day after after they are initially posted on the BossPianoSheets.com Platform.We will always make a reasonable effort to notify You if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect authors' and content holders' rights, it is BossPianoSheets.com's policy to respondto notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA").For more information, please go to BossPianoSheets.com's DMCA Notification Guidelines.Please note that BossPianoSheets.com will promptly terminate without notice any User's access to the BossPianoSheets.com Platformif that User is determined by BossPianoSheets.com to be a "repeat infringer".A repeat infringer is a User who has been notified by BossPianoSheets.com of infringing activity violations morethan twice as a result of DMCA takedown notices or other similar copyright notices.
6. BossPianoSheets.com Platform License Grant.
6.1 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, BossPianoSheets.comhereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view,download (including, without limitation download to a portable device), print, and have printedselect content for personal use, except as BossPianoSheets.com may restrict or block at the request ofits content providers or on its own initiative.
6.2 Reservation of Rights.
BossPianoSheets.com reserves all rights not expressly granted in these Terms.
6.3 Prevention of Unauthorized Use.
BossPianoSheets.com reserves the right to exercise whatever lawful means it deems necessaryto prevent unauthorized use of the BossPianoSheets.com Platform, including, but not limited to,technological barriers, IP mapping, and directly contactingYour Internet Service Provider (ISP) regarding such unauthorized use.
7. Content Disclaimer.
You understand that when using the BossPianoSheets.com Platform You will be exposedto content from a variety of sources, and that BossPianoSheets.com is notresponsible for the accuracy, usefulness, or intellectual propertyrights of or relating to such content.You further understand and acknowledge that You may be exposed to contentthat is inaccurate, offensive, indecent or objectionable, and You agree towaive, and hereby do waive, any legal or equitable rights or remediesYou have or may have against BossPianoSheets.com with respect thereto.BossPianoSheets.com does not endorse any content or any opinion, recommendation,or advice expressed therein, and BossPianoSheets.com expressly disclaims any and all liability in connection with content.If notified by a User or a content owner of content that allegedly does not conformto these Terms, BossPianoSheets.com may investigate the allegation and determine in itssole discretion whether to remove the content, which it reserves the right todo at any time and without notice.For clarity, BossPianoSheets.com does not permit copyright infringing activities on the BossPianoSheets.com Platform.
8. Prohibited Conduct.
BY USING THE BossPianoSheets.com PLATFORM YOU AGREE NOT TO:
8.1 use the BossPianoSheets.com Platform for any purposes other than to receive original or appropriately licensed content, to add User Comments, and/or to access the BossPianoSheets.com Platform as such services are offered by BossPianoSheets.com;
8.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Comments, or other content;
8.4 post, upload, or distribute any User Comments or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the BossPianoSheets.com Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the BossPianoSheets.com Platform, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights notices on the BossPianoSheets.com Platform or associated with any content available via the BossPianoSheets.com Platform;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the BossPianoSheets.com Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the BossPianoSheets.com Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the BossPianoSheets.com Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 use the BossPianoSheets.com Platform if You are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with DRM and other security-related features of the BossPianoSheets.com Platform features that prevent or restrict use or copying, printing, or sharing of any content accessible through the BossPianoSheets.com Platform, or features that enforce limitations on the use of the BossPianoSheets.com Platform or any content available via the BossPianoSheets.com Platform;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the BossPianoSheets.com Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the BossPianoSheets.com Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the BossPianoSheets.com Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.15 relay email from a third party's mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access the BossPianoSheets.com Platform for any purpose or bypass any measures BossPianoSheets.com may use to prevent or restrict access to the BossPianoSheets.com Platform;
8.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the BossPianoSheets.com Platform;
8.18 interfere with or disrupt the BossPianoSheets.com Platform or servers or networks connected to the BossPianoSheets.com Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the BossPianoSheets.com Platform; or
8.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other content that in BossPianoSheets.com's sole opinion detracts from the BossPianoSheets.com experience.
When You use the BossPianoSheets.com Platform to print content, download content, or otherwise access content oruse any products, services, or otherwise access information from BossPianoSheets.com, you will be not asked to create an account.
10. Third-Party Sites, Products and Services; Links.
The BossPianoSheets.com Platform may include links or references to other web sites orservices solely as a convenience to Users ("Reference Sites"). Unless otherwiseexpressly stated by BossPianoSheets.com, BossPianoSheets.com does not endorse any such Reference Sites orthe information, materials, products, or services contained on or accessible through Reference Sites.In addition, Your correspondence or business dealings with, or participation in promotions of, advertisersfound on or through the BossPianoSheets.com Platform are solely between You and such advertiser.Access and use of Reference Sites, including the information, materials, products, andservices on or available through Reference Sites is solely at Your own risk.
You agree that BossPianoSheets.com, in its sole discretion, for any or no reason,and without penalty, may terminate any account (or any part thereof)You may have with BossPianoSheets.com or Your use of the BossPianoSheets.com Platform andremove and discard all or any part of Your account, User profile, and any content, at any time.BossPianoSheets.com may also in its sole discretion and at any time discontinue providing accessto the BossPianoSheets.com Platform, or any part thereof, with or without notice.You agree that any termination of Your access to the BossPianoSheets.com Platform or any accountYou may have or portion thereof may be effected without prior notice, and You agree thatBossPianoSheets.com will not be liable to You or any third party for any such termination.Any suspected fraudulent, abusive, or illegal activity may be referred to appropriatelaw enforcement authorities. These remedies are in addition to any other remediesBossPianoSheets.com may have at law or in equity.
Your only remedy with respect to any dissatisfaction with (i) the BossPianoSheets.com Platform,(ii) any term of these Terms, (iii) any policy or practice of BossPianoSheets.com in operating theBossPianoSheets.com Platform, or (iv) any content or information transmitted through the BossPianoSheets.comPlatform, is to close Your account and stop using BossPianoSheets.com. You may terminatethese Terms at any time by discontinuing use of BossPianoSheets.com.
12. Ownership; Proprietary Rights.
The BossPianoSheets.com Platform is owned and operated by BossPianoSheets.com.The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code),products, services, and all other elements of the BossPianoSheets.com Platform provided by BossPianoSheets.com (the "Materials")are protected by United States copyright, trade dress, patent, and trademark laws, international conventions,and all other relevant intellectual property and proprietary rights, and applicable laws. BossPianoSheets.com acknowledges that You retain ownership of any User Comments you may post via BossPianoSheets.com,subject however to Your grant to BossPianoSheets.com of a perpetual, irrevocable, royalty-free,worldwide, nonexclusive license to reproduce, store, distribute, publicly display,and adapt them for use in conjunction with the operation of the BossPianoSheets.com Platform. All Materialscontained on the BossPianoSheets.com Platform are the property of BossPianoSheets.com or its subsidiaries or affiliated companies and/orthird-party licensors. All trademarks, service marks, and trade names are proprietary to BossPianoSheets.com or itsaffiliates and/or third-party licensors. Except as expressly authorized by BossPianoSheets.com, You agree not to sell,license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivativeworks from, or otherwise make unauthorized use of the Materials or the BossPianoSheets.com Platform. BossPianoSheets.com reservesall rights not expressly granted in these Terms.
You agree to indemnify, save, and hold BossPianoSheets.com, its affiliated companies, contractors, employees, agentsand its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities,including legal fees and expenses, arising out of Your use or misuse of the BossPianoSheets.com Platform, any violation byYou of these Terms, or any breach of the representations, warranties, and covenants made by You herein. BossPianoSheets.comreserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are requiredto indemnify BossPianoSheets.com, and You agree to cooperate with BossPianoSheets.com's defense of these claims. BossPianoSheets.com will use reasonableefforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BossPianoSheets.com, AND ITS AFFILIATES,PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION,WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BossPianoSheets.com OR THROUGH THE BossPianoSheets.com PLATFORMWILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED INTHIS SECTION 14, THE TERM BossPianoSheets.com INCLUDES BossPianoSheets.com'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,AGENTS, LICENSORS AND SUBCONTRACTORS.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL BossPianoSheets.com OR ITS AFFILIATES,CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANYSPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUTLIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOSTREVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANYNATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITYTO USE THE MATERIALS AND CONTENT ON THE BossPianoSheets.com PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONSWITH BossPianoSheets.com, EVEN IF BossPianoSheets.com OR AN BossPianoSheets.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES.
15.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF BossPianoSheets.com OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES,AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSESOF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE BossPianoSheets.com PLATFORM OR YOURINTERACTION WITH OTHER BossPianoSheets.com PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE,WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BossPianoSheets.com PLATFORMDURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OFANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THANBossPianoSheets.com AND RECEIVED THROUGH OR ADVERTISED ON THE BossPianoSheets.com PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT BossPianoSheets.com HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES,AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITYSET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT AREASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BossPianoSheets.com, AND THAT THE WARRANTY DISCLAIMERS ANDTHE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND BossPianoSheets.com.BossPianoSheets.com WOULD NOT BE ABLE TO PROVIDE THE BossPianoSheets.com PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASISWITHOUT THESE LIMITATIONS.
15.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OFCERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OFWARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONSOR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
BossPianoSheets.com may provide You with notices, including those regarding changes to BossPianoSheets.com's terms and conditions,by email, regular mail, or postings on the BossPianoSheets.com Platform. Notice will be deemed given twenty-four hoursafter email is sent, unless BossPianoSheets.com is notified that the email address is invalid. Alternatively, we may giveYou legal notice by mail to a postal address, if provided by You through the BossPianoSheets.com Platform.In such case, notice will be deemed given three days after the date of mailing. Notice posted on theBossPianoSheets.com Platform is deemed given ten days following the initial posting.
The failure of BossPianoSheets.com to exercise or enforce any right or provision of these Terms will notconstitute a waiver of such right or provision. Any waiver of any provision of these Terms willbe effective only if in writing and signed by BossPianoSheets.com.
16.3 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the United States, withoutgiving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or BossPianoSheets.comwill be filed only in the state or federal courts in and for Santa Clara County, California, and Youhereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes oflitigating any such action.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for anyreason unenforceable, then that provision will be limited or eliminated from these Terms to theminimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder,may not be transferred or assigned by You, but may be assigned by BossPianoSheets.com without restriction.Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express termsshould survive, will survive such termination or expiration, including, but not limited to, sections 6-16.
The heading references herein are for convenience purposes only, do not constitute apart of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
16.9 Entire Agreement.
These Terms (including all Guidelines and terms incorporated herein) are the entire agreementbetween You and BossPianoSheets.com relating to the subject matter herein and will not be modifiedexcept in writing, signed by both parties, or by a change to these Terms or Guidelines madeby BossPianoSheets.com as set forth in section 4 above.
YOU AND BossPianoSheets.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THEBossPianoSheets.com PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.