IVOREEZ reserves the right to change this Site Agreement at any time by revising the terms and conditions herein. You are responsible for regularly reviewing these terms and conditions and your use of the Site following any such change constitutes your acceptance of such changes.
IVOREEZ reserves the right to modify or improve the Site at any time at its sole discretion without notice to users. IVOREEZ may deny access to the Site to anyone at any time.
This Site Agreement shall include any additional terms, conditions, notices, policies or disclaimers provided by IVOREEZ, its licensors, vendors or partners in specific areas of the Site. However, in the event of a conflict between such terms and this Site Agreement, the terms of this Site Agreement shall prevail.
The IVOREEZ website offers its visitors or members access to a database of specially coded song lyrics. The IVOREEZ website is an on-demand subscription service (hereinafter the “Membership Site”). These general conditions of use and sale are intended to define the contractual and commercial relationship between IVOREEZ and any subscriber to the Membership Site (hereinafter “Subscriber”). The subscription and access to the Membership Site shall be strictly subject without limitation to prior qualification to these terms and conditions of use and sale. These general conditions shall be without prejudice to the legal provisions in this area.
No person is authorized to use, copy or distribute any portion the Website, including song lyrics and related graphics.
3. USER CONDUCT & PARTICIPATION
The Site and its contents, including but not limited to articles, newsletters, forums, blogs, comments, promotional language, graphical images, interactive applications, and the user interface (the “Content”) are the property and copyrighted material of IVOREEZ, its licensors, vendors and partners. “Content” also includes any material from the Site that IVOREEZ delivers to you through e-mail. You may display the Content and otherwise use the Site solely for your personal, noncommercial use. You may not modify, copy, distribute, forward, display, repost, reprint, sublicense, create derivative works from, transfer, quote or sell any content except as expressly permitted by copyright law, The Digital Millennium Copyright Act or as expressly permitted in this Site Agreement. Any Content you add to the Site becomes property of IVOREEZ to use without limitation, or any payment required to you, acknowledgment or consent from you, for any purpose whatsoever. IVOREEZ reserves the right to edit, remove or alter any Content you add to the site as it deems necessary and without your consent.
4. DESCRIPTION OF THE MEMBERSHIP SITE
The Membership Site is a service provided and operated by IVOREEZ, allowing a Subscriber by subscribing to the present terms, from his personal computer and/or from other digital devices to view the song lyric database.
From the website or application, and once he has subscribed, the Subscriber has access to all features of the Membership Site. Once the subscription expires or is terminated, unlimited access to the service is no longer allowed. The songs in the database can be read throughout the duration of the subscription, but cannot be downloaded, transferred or copied on any medium whatsoever.
5. TERMS OF THE MEMBERSHIP SITE
Access to the Membership Site from a personal computer is possible via the website only. Access to the Membership Site from another digital device (ie tablet, smartphone) is possible via the website or the mobile application. Use of the Membership Site requires a broadband connection to the Internet. It is specified that these connections are not supported by IVOREEZ, it is therefore up to the Subscriber to subscribe to a broadband internet provider or digital data plan in order to use the Membership Site. The catalog of songs available within the Membership Site is dependent on existing contracts with copyright holders and is therefore likely to change.
In no case can IVOREEZ guarantee the presence of any specific title in the catalog available from the Membership Site. Likewise, IVOREEZ cannot guarantee that any title in the catalog available of Membership Site will be indefinite.
As a Subscriber, you can activate the Membership on a personal computer or digital device registered from the Membership Site. The Membership Site is only accessible from a single connection at a time. It is specified that IVOREEZ is implementing technical means to check for multiple simultaneous connections to a single account of the Membership Site and to detect attempts to multiple connections.
6. ACCESS AND AMENDMENT OF THE MEMBERSHIP SITE
The Membership Site is available twenty-four hours, seven days a week, within the limits of the conditions and provisions of these Terms and Conditions. However, IVOREEZ reserves the right to make changes and improvements of its choice to the Membership Site related to technical developments. IVOREEZ is committed to ensuring that this does not result in price increase, alteration of quality, or substantial modification of features of the Membership Site.
Moreover, IVOREEZ reserves the right, without notice or compensation, to suspend temporary access to the Membership Site for which may be necessary to ensure maintenance operations related to technological change, or necessary to the continuity of the Membership Site.
The Subscriber relieves IVOREEZ from all liability in this respect and waives all claims and / or proceeding against it as such.
Temporary interruptions of the service will wherever possible, be reported via the website at least 24 (twenty four) hours before they intervene except where such interruptions have a matter of urgency. IVOREEZ reserves the right, without compensation, to shut down the Membership Site. Any planned closure of the Membership Site shall be notified via the website at least one month before it come into effect. The Subscriber will not be liable for any payment after the termination date of the Service.
7. CANCELLATION, REFUND, AND RETURN POLICY
The Subscriber expressly acknowledges and agrees that provision of the Membership Site starts at validation of his registration to the Membership Site. Accordingly, no request withdrawal, cancellation or refund will be admissible to the subscribed monthly period.
To cancel a Membership, the Subscriber must notify IVOREEZ from his account on the website by clicking “cancel my subscription.” Termination of the subscription will come into effect at the end of the current subscription period provided that notification has been sent at least 48 (forty eight) hours before its term and until the date and time as specified to the Subscriber, for a free trial unless specified otherwise on the website or mobile application. For subscriptions longer than one month that have been pre-paid, cancellation of the subscription will result in a refund of the amount less the subscription fee for the current month, provided that notification has been sent at least 48 hours before that monthly term.
In case of non compliance with the terms above, the subscription is completely renewed. Cancellation does not allow a refund of the subscription to the Membership Site for that month. The aggregate amount paid for the subscription will remain vested in IVOREEZ.
For the piano decals, there is a 30-day return policy, commencing on the day the purchaser receives the decals. If for any reason, you want a refund, please return all of the 19 piano decals in the original IVOREEZ Piano package to 601-C East Palomar St. #131 Chula Vista, CA 91911. Once received, you will be issued a refund and an email notification of this action will be sent to you.
Unless terminated by the Subscriber under the terms section 7, the monthly Membership Fee is automatically renewed for a period identical to that originally purchased. In case of automatic renewal, the rate then in effect for the subscription will be fully applicable to the Subscriber.
Unless otherwise indicated on the Site and unless terminated by the Subscriber under the terms of section 7, any free trial of the Membership Site is transformed into a monthly subscription as stated in the specific offer or, alternatively, for monthly subscriptions of the Membership Site.
10. CONDITIONS FOR ACCESS TO THE MEMBERSHIP SITE
11. SUBSCRIPTION TO THE MEMBERSHIP SITE – CREATING AN ACCOUNT
To subscribe to the Membership Site, a person must:
- create an account on the website mobile application or, if the user is already registered, log in to the website;
- populate the different fields of the subscription form on the website;
- confirm acceptance of the terms of sale and use of Membership Site;
- select terms and method of payment for the subscription;
- confirm registration by accepting subscription to the Membership Site.
Once registration is validated, IVOREEZ provides the subscriber (at the address provided by the latter when registering on the site) with a confirmation email. Subject to other provisions of these general conditions of sale and use of the Membership Site, the subscription to the Membership Site is effective only when IVOREEZ sends and e-mail confirmation. IVOREEZ recommends that the Subscriber keep this email.
The Subscriber can change password, to his account on the website by clicking on the “Manage My Account” menu.
The Subscriber agrees to provide true and sincere information related to his identity.
The Subscriber undertakes to inform IVOREEZ immediately of any change of information when subscribing to a subscription and particularly any change of mailing address or electronic means of payment. The Subscriber may change this information from his account on the Site by clicking on the “Manage My Account” menu.
The Subscriber shall immediately notify IVOREEZ for any loss or unauthorized use of his account, his username and password. Passwords and IDs are personal and the Subscriber agrees not to disclose them. As such, the Subscriber is solely responsible for their use.
The Subscriber is solely responsible for the use of his account, until it is deactivated and consequently, the Subscriber relieves IVOREEZ and its partners, contractors or rights holders of any responsibility in this regard, unless the Subscriber can demonstrate that the use of its usernames and/or their account results from a fraud by a third party.
The price of the subscription to the Membership Site is indicated on the website in U.S. dollars. IVOREEZ reserves the right to change the price of the subscription or special packages.
IVOREEZ will inform each subscriber via email to the address provided by the Subscriber upon registration to the Membership Site (or subsequently changed on his account) of any price increase at least 15 (fifteen) days before it takes effect. In such case, if the Subscriber does not accept this rate increase he may Cancel the subscription to the Membership Site from his account on the website as described in section 7, the termination taking effect on the next due date for the monthly subscription. In the absence of cancellation by the Subscriber, the new pricing will therefore be applicable from the next due subscription, following taking effect of the new pricing. Any increase in any new tax that would be based on the price of the Membership Fee and of which IVOREEZ would become liable. The conditions of termination provided in case of change in the price of subscriptions mentioned above will apply under the same conditions if the price change results from an increase or creation of new taxes.
It is reminded that the cost of connection and communication (Internet) related to the use of the Membership Site is not supported by IVOREEZ and remains payable by the Subscriber.
13. PAYMENT OF SUBSCRIPTION
Different modes of payment for the subscription are offered on the website. It is specified that when the Subscriber notifies IVOREEZ of his credit card details, these are not retained by IVOREEZ.
The subscription price is payable either monthly or for the specified period in special offers. Payment will be made, ultimately payable (Payment in advance),when the Subscriber creates his account and then each month by direct debit until cancellation of subscription, on subscriber’s own initiative or that of IVOREEZ. To maximize transaction security, IVOREEZ chose payment systems from Paypal and Total-Apps companies. Guarantees issued by IVOREEZ under security transactions are identical to those obtained respectively by the publishers of the IVOREEZ payment systems mentioned above.
In the absence of contrary evidence provided by the Subscriber, records stored in IVOREEZ’ computer systems and its partners in reasonable conditions of security will be considered as proof of communications, controls, validations and payments between the Subscriber and IVOREEZ. This information will prevail between, except in written proof and otherwise by Subscriber.
The Subscriber declares to be informed of the constraints and limitations of the Internet. Consequently, IVOREEZ will not be held responsible for failures in accessing the Membership Site, speeds of opening and consultation of service pages, speed of listening of any video or audio recordings, temporary or permanent inaccessibility to any portion of the website or application, or the fraudulent use by others of information available on the website.
Accordingly, it is the Subscriber’s responsibility to protect his computer equipment or digital device against any form of intrusion and / or contamination by viruses, and IVOREEZ will in no case be held responsible for such failure. IVOREEZ cannot be held responsible for any malfunction or damage to the equipment of the Subscriber. More generally, IVOREEZ disclaims any liability if a breach of any obligation was actually a case of force majeure or fortuitous, including but not limited to, disasters, fires, strikes internal or external failures or breakdowns internal or external, and generally all irresistible and unpredictable events that do not allow fulfillment of controls.
In no case can IVOREEZ be held liable in the event that the proposed service be incompatible with certain equipment and / or hardware features of the Subscriber.
Finally, the Subscriber is solely responsible for his use of the Membership Site and cannot hold IVOREEZ responsible for any claims and / or proceeding against him as such. The Subscriber undertakes to do his personal business of any complaint, claim or objection and more generally of any proceedings brought against IVOREEZ from a third party which is linked to his use of the Membership Site.
15. INTELLECTUAL PROPERTY
The general structure of the website, the Membership Site and all component elements (including logos, domain names, song lyrics, phonographic or videographic and related items including photographs, images, texts and / or any other person entitled to the sound recordings or videographic and the visual packaging of these records) are the exclusive property of IVOREEZ and / or its licensors (including music producers, labels, collective management of copyright, etc).
Any hypertext link to the website and using the technique of “framing” (Technical programming with the ability to split a browser window into multiple autonomous frames in order to display the content of external sites) or “in-line linking” process (to appear on a web page to extract just one element to another site, which saves storage space on the hard disk of the machine that hosts the site, which has the effect to conceal from an unsuspecting user’s original environment to which this element belongs) is strictly prohibited.
Recordings or screen shots of any element of the Membership Site are protected with national and international copyright and neighboring rights Copyright. For this reason and in accordance with the laws governing intellectual property, only their viewing or listening in an exclusively private environment is allowed. Any use for any purpose other than private exposes the Subscriber to civil lawsuits and / or criminal prosecution. Any other use of these digital files is strictly prohibited and in particular any attempt to download or transfer or attempts to transfer permanently or temporarily on the hard disk of a computer or other device (including iPods and other portable digital audio players), engraving or attempting to burn on CD or other media are specifically prohibited. Any sale, exchange or lease of these digital files is strictly prohibited.
The Subscriber agrees not to use any technical measure which would allow circumvention of technological protection measures in order to proceed to the download of these files and enable digital preservation in the storage unit’s receiving terminal whatever (PC, mobile phone, digital music and other digital audio players laptops, etc).
Usage of Lyrics. Usage of Lyrics is limited to your personal, noncommercial use in accordance with the terms of this Agreement. You may not reproduce(other than as authorized for your own personal usage), publish, transmit, distribute, publicly display, rent or lend, modify, create derivative works from, sell or participate in the sale of or exploit in any way, in whole or in part, directly or indirectly, any of the Lyrics so provided. You agree that you are not granted any so-called “karaoke” or “sing-along” rights to Lyrics and you shall not seek to or remove any vocal track from a sound recording that shall be associated with a Lyric provided to you. You agree that not to assign, transfer or transmit any Lyrics to any third party. You agree that you shall not seek to or do anything that will defeat, evade or circumvent any efforts that may be made to protect the Lyrics from any unauthorized usage.
The Subscriber represents that to knowingly bring harm to a technical measure of protection, under the provisions and laws governing Intellectual Property exposes him to fines or other applicable punishment and that the procuring or offering, knowingly hire, directly or indirectly, means designed or specially adapted to impair a technological measure of protection for its part is punishable by law.
16. SUSPENSION AND/OR EARLY TERMINATION BY IVOREEZ OR THE SUBSCRIBER
Without prejudice to any damages that IVOREEZ may seek, IVOREEZ reserves the right to suspend access by a subscriber to the Membership Site and/or termination, without notice or compensation, of the subscription to the Membership Site if:
- no respect for intellectual property rights of IVOREEZ and/or its licensors,
- circumvention or attempted circumvention of technological protection measures implemented by IVOREEZ,
- Multiple simultaneous connections from a single account to the Membership Site or attempts to multiple simultaneous connections,
- provision of false information when registering to the Membership Site;
- non full or partial payment by the Customer of the price of its subscription to the Membership Site;
- any actions contrary to business interests of IVOREEZ.
For his part, the Subscriber may terminate, without notice or compensation to the benefit of IVOREEZ his subscription fee in case of breach of its main obligations by IVOREEZ as defined in these terms and conditions or in case of legitimate reasons, such as in particular (such as theft of computer, technical incompatibility of the website with the Subscriber’s equipment ).
18. CUSTOMER SERVICE
For any information or questions about the Service Fee, please contact IVOREEZ through the website by clicking on the “Contact Us” section or send us a letter.
19. NULLITY OF A CLAUSE
20. GOVERNING LAW, ARBITRATION
This Site Agreement, and the respective rights and obligations of the parties hereunder, shall be governed by, and construed in accordance with, the laws of the State of California. If there is a dispute between you and IVOREEZ, either of us may elect to have it resolved by proceeding in small claims court or by final and binding arbitration administered by the National Arbitration Forum, or the American Arbitration Association, under their rules for consumer arbitrations. All disputes in arbitration will be handled just between the named parties, and not on any representative or class basis. YOU ACKNOWLEDGE THAT THIS MEANS THAT YOU MAY NOT HAVE ACCESS TO A COURT OR JURY. The terms of this Section shall survive any termination, cancellation or expiration of this Agreement.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED
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