PLEASE READ THESE TERMS AND CONDITIONS AS WELL AS THE PRIVACY POLICY CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE AND REGISTERING, YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SITE.

 

These Terms and Conditions (“Agreement”) set forth the basis on which you are permitted to access and use the website located at http://letscappella.com (the “Website”), software applications (apps downloaded from the Apple App Store), including, without limitation, any patches, revisions, updates, upgrades or replacement thereto, (collectively, the “App”) and online services (“Service”, and any reference to the Services shall include the App) provided to you by Musefire ( “we” or “Musefire”).

 

Respect of the Terms and Conditions is a pre-condition for access to and use of the Website. You will be asked to click an “I agree” button (or statement with similar effect) when registering as a User on the Website. By clicking on it, you express your agreement with these Terms and Conditions.

 

This Agreement shall govern any and all kind of use and features offered via the Services as may become available from to time to time. Please read this Agreement carefully before using the Services. By accessing and using the Services and/or downloading and/or installing and using the App in any way, you agree to and are hereby bound by this Agreement. If you do not agree to all of the Terms and Conditions contained herein, do not use or access the Services or stop download or installation or remove the installation of the App in any manner. We reserve the right to make unilateral modifications at any time without the requirement of any prior notice. We reserve the right to amend, discontinue, limit, disable, terminate or cancel any feature of the Service. This Agreement applies to all visitors, users, and others who download, access or use the App.

 

Letscappella

Letscappella provides a selection of score sheets with different levels and genres. It offers a platform to put A Cappella into practice. You can listen to individual parts, record each part and later combine them into a video.

Subject to this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the App for your personal, private, noncommercial use, and only in accordance with the features of the App and the Musefire IP (as defined below) as it is marketed by Musefire, provided that:

1. You agree not to alter or modify any part of the App.
2. You agree not to use the App for any of the following commercial uses unless you are the copyright holder or you have obtained all necessary rights and licenses to use for commercial purposes all images, videos, musical works, sound recording, narration, and other material that make up your User Content.
3. In your use of the App, you will comply with all applicable laws.

Musefire reserves all rights not expressly granted herein in the App and Website. Musefire may terminate this license at any time for any reason or no reason.

 

Intellectual Property Ownership.

The Service, including but not limited to, the App, the Website, text, graphics, photos, sounds, interactive features and other content and the trademarks, service marks and logos contained therein (the “Musefire IP”), are owned by or licensed to Musefire, and are subject to copyright and other intellectual property rights under applicable laws. You acknowledge that the Service and its content is provided to you on an AS IS basis for your personal use only and, except as permitted under this Agreement, may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Musefire or the respective owners.

 

Letscappella Account

Refer to Privacy Policy for our practices regarding the information that we collect from users of Letscappella and websites

1. In order to access some features of the App, you will have to create a Letscappella account and become a registered user (“User”) to the App. When creating an account, you will choose a username and password. By doing so, you agree not to use another User's account without permission. User must provide accurate and complete information. User is responsible for maintaining the confidentiality and security of this username and password. You are solely responsible for the activity that occurs on your account. You must notify Musefire immediately of any unauthorized use, misuse or abuse of your account, or any other breach of data security.
2. By connecting to Letscappella with a third-party service (Facebook), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
3. Musefire will not be liable for any losses caused by any unauthorized use of your Account.
4.  Musefire may refuse or disallow the use of any particular username, including but not limited to the use of obscene words or expressions, in Musefire reasonable discretion.
5. Musefire has a right to dismiss registration application under following conditions:

1. Falsehood is found on registration information,
2. Registering applicant was denied by us in the past due to noncompliance with this Agreement, or/and
3. Any other registering applicant that we consider inappropriate.

6. User may cancel or terminate his/her account at any time, by following the process made available for that purpose on the Website. Cancellation by email or phone will not be considered valid. Only User is responsible for such cancellation.
7. Musefire may terminate any User account, with or without prior notice, when, in the reasonable opinion of Musefire, User is in breach of any of this Agreement, or User is in breach of any applicable law, regulation or any third party right.

Consequences of termination are:

1. User may no longer access the App and Website or its Services, and its username and password will be invalidated.
2. User’s non-private shared Content will remain available for other Users on the Website.
3. User’s private Material will be deleted from User’s account.

 

Using Letscappella

You agree not to engage in any of the following prohibited activities:

1. copying, distributing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping”;
2. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc. to access the App in a manner that sends more request messages to the Musefire servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
3. transmitting spam, chain letters, or other unsolicited email;
4. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App;
5. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
6. uploading invalid data, viruses, worms, or other software agents through the App;
7. collecting or harvesting any personally identifiable information, including but not limited to usernames, from the App;
8. using the App for any purposes without having all necessary rights and licenses to the content;
9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
10. interfering with the proper working of the App;
11. accessing any content on the App through any technology or means other than those capabilities provided by the App; or
12. bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.

We may, without prior notice, change the App, stop providing the App or features of the App, to you or to Users generally, or create usage limits for the App. We may permanently or temporarily terminate or suspend your access to the App, or delete any Publication (as defined below), without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

 

You are solely responsible for your conduct and any data, text, files, information, images, photos, audio and video clips, sound recordings, musical works, narration, works of authorship, links and other content or materials that you submit, post or display on or via our App. Musefire shall have no liability for conduct in relation to your use of our App.

 

Publication

Some areas of the App and the Website allow Users to create, share and post content such as profile information, photographs, videos, musical works, sound recording, narration, text and other material used to create a video, comments, questions, and other material or information (any such materials a User provides, shares, submits, displays, or otherwise creates using the App and/or the Website are “Publications”). Any Publication generated by a User on the App and/or the Website falls completely under User’s liability and control, and is not considered generated by Musefire. We claim no ownership rights over Publications created by you. However, by submitting Publication to Musefire, You hereby grant Musefire a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, monetize, distribute, modify, prepare derivative works of, display, and perform the Content in connection with the Service and Musefire's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to access your Publication through the Service, and to use, reproduce, distribute, modify, prepare derivative works of, display and perform such Content as permitted through the functionality of the Service and under this Agreement. Musefire has the right (but not the obligation) in its sole discretion to remove any Publication that is stored via the App and/or the Website.

 

You agree not to post, store, transmit, create or share any Publication that:

1. is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Musefire, all of the license rights granted herein;
2. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
3. may create a risk of any other loss or damage to any person or property;
4. contains falsehoods or misrepresentations that might affect Musefire, or any third party
5. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
6. may constitute or contribute to a crime or tort; contains any information or content that we deem to be unlawful, harmful, abusive, obscene, defamatory, libelous, threatening, pornographic, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), profane, or otherwise objectionable; and
7. post advertisements or solicitations of business. Musefire does not endorse any Submission or any content thereof and expressly disclaims any and all liability in connection with Submissions

Musefire reserves the right, but is not obligated, to reject and/or remove any User Content that Musefire believes, in its sole discretion, violates these provisions.

 

Musefire also reserves the right to (i) remove Publications without prior notice, and (ii) decide whether a Publication is appropriate, complies with this Agreement, or contains pornography, obscene or defamatory material, or excessive length. Any such Publications may be removed and/or your access for submitting such material may be denied if there is any violation of this Agreement at any time, without prior notice and at the discretion of Musefire. Users can never claim any compensation, damages or rights resulting from such removal or disallowance.

 

To the extent that you use our App and/or Website for any purpose and your Publication contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that Publication using the App and/or the Website.

 

Musefire may exercise the rights to your Publication granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

 

Musefire takes no responsibility and assumes no liability for any Publication that you or any other User or third party creates, stores, shares, posts or sends through the App and the Website. You shall be solely responsible for your Publication and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution of your Publication. If your Publication violates this Agreement, you may bear legal responsibility for that content.

 

Procedure for Notifying Copyright Infringement

Musefire respect the intellectual property rights of others and expects others to do the same. It is Musefire’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Musefire by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the App and/or the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of the location on the App, the Website or the Services of the material that you claim is infringing;
4. your address, telephone number and e-mail address;
5. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that you may be liable for damages (including costs and attorneys' fees) if you misrepresent that a product or activity is infringing your copyrights. If you are unsure whether material available online infringes your copyright, we suggest that you first contact an attorney.

 

If you believe that your Publication that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your Publication, you will have the right to provide Musefire with a “Counter Notice”. Your Counter Notification should include substantially the following information:

1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address,
5. A statement that you consent to the jurisdiction of Hong Kong,
6. A statement that you will accept service of process from the person who provided notification of the alleged infringement.

 

If a counter-notice is received by the Copyright Agent, Musefire will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Musefire’s sole discretion.

Indemnity

You agree to defend, indemnify and hold harmless Musefire and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the app; (ii) your violation of any term of this agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any privacy or Intellectual Property Rights; or (iv) any claim that your Publication, including without limitation any Content, or any that is created, stored, shared or submitted via your account, caused damage to a third party. This defense and indemnification obligation will survive the expiration of your use of the app and website.

 

Warranty Disclaimer

Musefire and this website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law. Additionally, there are no warranties as to the results obtained from the use of the site. The information contained on the app and website may be changed at any time without prior notice.

 

You acknowledge and agree that your use of the app shall be at your sole risk. To the fullest extent permitted by law, Letscappella, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the service and your use thereof.

 

Limitation of liability

In no event shall Musefire and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any

1. faultlessness, inaccuracy, inapplicability or infringement of the contents provided through the App and the Website,
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the App and the Website (including but not limited to the damages caused by the trouble, etc. with a third party),
3. any unauthorized access to or use of Musefire’s servers and/or any and all personal information and/or financial information stored therein
4. any interruption or cessation of transmission to or from the App and the Website,
5. any bugs, viruses, Trojan horses, or the like which may be transmitted to or through App and the Website by any third party,
6. any damages caused by delayed or undelivered emails or any other causes in result of computer system failure, and/or
7. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content made available via the service, and whether or not you are 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.

You are solely responsible for your own Publication and the results of posting or submitting them. You affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the App and the Website to use and have access with respect to the Submissions all patent, trademark, trade secret, copyright or other proprietary rights

The app and Website is controlled and offered by Musefire from its facilities in Hong Kong. Musefire makes no representations that the App and the Website is appropriate or available for use in other locations. Those who access or use the App and the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

You hereby agree not to claim any damages against Musefire in cases to which any paragraphs of this agreement is applicable.

 

Changes or Modifications

We may change or modify this Agreement without notice or liability to you. Your continued use of the Service shall serve as your consent to any change or modification hereto.

 

Questions, Complaints, Claims

If you have any questions, complaints or claims with respect to the App and/or the Website and/or the Service, please contact us at: [email protected]. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

 

This Agreement was last modified on December 20, 2016