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 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:
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.
Consequences of termination are:
You agree not to engage in any of the following prohibited activities:
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.
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:
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:
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:
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.
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.
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
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