These are the terms of licence that apply to this application (and any update/upgrade to it) that we make available for download from any third party application store (App).
The App is provided by or on behalf of nkoda Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 09889486, and our registered office is at Level 1 Devonshire House, One Mayfair Place, London W1J 8AJ, UK. Our VAT registration number is 231 8714 17. You acknowledge that these terms are entered into between you and us, and no third party (such as the operator of any third party application store) is a party to this agreement.
BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT CLICK TO ACCEPT THESE TERMS AND YOU SHOULD NOT PROCEED FURTHER.
We reserve the right to change these terms from time to time by notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the App. These terms were last updated on Monday 27th June, 2020.
2. Access to the App
By using the App, you confirm to us that you are 12 years old or older. If you are under the age of 12, you may not access the app. To pay for and download the App and/or make any optional “in-App” purchases, you must be at least 12 years of age.
The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use the downloaded App.
You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with these terms, for all access to, and use of, the App by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for the device to which you download, or on which you access or use, the App may charge for internet access (including mobile data usage) on that device.
We may, from time to time, restrict access to certain features, functions or content of, or services accessible through, the downloaded App to users who have registered with us. If you do not do so, you will be unable to use the applicable features, functions or content of, or access the applicable services through, the downloaded App. You must ensure that any registration details you provide are accurate.
If you choose, or you are provided with, a log-on ID (such as a username and password or other identifiers) for accessing or using the App, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these terms or if any details you provide for the purposes of registering as a user prove to be false.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).
3. In-App purchases and subscriptions
We may make available optional “in-App” purchases (such as purchasing sheet music) which will require you to pay a fee, the amount of which will be as set out within the App.
The use of the App involves a subscription. Your subscription (for which you will pay a fee, unless we waive your fee as part of a free trial or other promotional offer) gives you access to the App, features, functions and/or content for the period of time selected by you from amongst the available options indicated on relevant third party application store. It is important to note that, at the end of this subscription period, your subscription will automatically renew for an equivalent period (and continue to do so), unless you alter your subscription renewal settings in accordance with the instructions to be found on the relevant third party application store.
Where you pay to download the App or in-App purchase, we warrant that it will substantially comply with the description provided by us at the point of download and that any services we provide through it will be provided with reasonable care and skill.
4. What you are allowed to do
You may only use the App for non-commercial, personal use, and only in accordance with these terms (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, the App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.
Subject to the following sections, you may retrieve and display content from the App (Content) on a computer or mobile device and store the App in electronic form incidentally in the normal course of the use of your device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.
The provision of the Content via the App does not grant you any rights of public performance and you should obtain a public performance licence where necessary.
5. What you are not allowed to do
Except to the extent expressly set out in these terms, you are not allowed to:
- republish, redistribute or re-transmit the App;
- copy or store the App other than for your use as permitted by these terms and as may occur incidentally in the normal course of the use of your browser or mobile device;
- store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the App (other than User Content, as defined in section 9 below);
- remove or change any content of the App (other than User Content, as defined in section 9 below) or attempt to circumvent security or interfere with the proper working of the App or any server on which it is hosted;
- use the App in a way that might damage our name or reputation or that of any of our affiliates;
- use any Content in a manner that:
- permits the public performance of Content unless you have entered into an agreement with the relevant publisher (or its authorised representative) for the hire of such parts and only during the period of such hire;
- is not in compliance with applicable law;
- is criminally obscene, harassing and/or discriminatory;
- violates or infringes the rights (including intellectual property rights) of a third party, such as the author or publisher of the Content;
- circumvents any restrictions we impose on accessing any Content from outside a particular territory; or
- otherwise, do anything that it is not expressly permitted by these terms.
All rights granted to you under these terms will terminate immediately in the event that you are in breach of any of them.
To do anything with the App that is not expressly permitted by these terms, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of these terms.
6. Third party platform providers and application stores
Certain third-party platform providers with whose devices and/or operating systems the App has/have been designed to be compatible oblige us to include certain additional provisions in these terms. These are set out at the end of these terms under Additional third party terms. These provisions come from the relevant third party platform providers, not us.
Third-party application stores are operated by the relevant third-party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.
7. Intellectual property rights
We license, but do not sell, to you the App you download. We remain the owner of the App at all times.
All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in these terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.
The App may contain code, commonly referred to as open-source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor.
ACR Device Info
|Apache License 2.0||
Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor ( Open Source Licence Terms ) and not under these terms, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in any App and the relevant Open Source Licence Terms will be made available to you upon request.
8. App features and content
You agree that downloading, accessing and use of the App since it is made available for download free of charge, are on an 'as is' and 'as available' basis and at your sole risk.
We reserve the right to change the format and features of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download the updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.
Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or any other reasons.
Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources, for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.
Except as set out in these terms, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.
9. User content
The App may, from time to time, allow you to submit user-generated content such as your own sheet music or annotations on existing sheet music (User Content) and may also allow you to communicate that content, either to selected recipients or in public or semi-public areas, such as comments pages or discussion forums (collectively, User Content Areas). We do not control User Content submitted, nor are User Content Areas actively moderated. You are solely responsible for User Content as submitted by you and acknowledge that all User Content expresses the views of its respective authors and not our views.
If you submit any User Content, you must keep it relevant to the purpose of the User Content Area to which you submit it and the nature of any topic. You also warrant that you have the rights to submit all User Content submitted by you (for example, that you have the rights to upload any sheet music uploaded by you to the nkoda Service).
User Content must not:
- contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable ("Prohibited Content");
- impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
- contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other forms of solicitation (spam); or
- transmit or distribute any virus and/or other code that has contaminating or destructive elements.
You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.
Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you and/or to close any discussion topic, at any time without notice to you.
Complaints about the content of any User Content must be sent to firstname.lastname@example.org and must contain details of the specific User Content giving rise to the complaint.
10. Data enhancement
The App may, from time to time, allow you to submit data to us which you think will enhance the data that is already available through the App (a User Data Submission). Any such User Data Submission can be made through the relevant part of our website at data.nkoda.com (coming soon). We will validate any such User Data Submission and either approve it or reject it. The approval or rejection of any such User Data Submission is entirely at our discretion.
If we approve your User Data Submission, you may also be rewarded with a credit which can be redeemed in the form of vouchers/gift cards issued by specified third parties (as notified by us to you at the relevant time). The allocation and value of any such credit will be determined by us and is entirely at our discretion.
If you make a User Data Submission, you agree that:
- your User Data Submission will not contain, transmit, distribute, link to or otherwise make available, or advertise or promote, any Prohibited Content (as defined in section 9 above);
- you will not impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
- your User Data Submission will not contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other forms of solicitation (spam);
- your User Data Submission will not transmit or distribute any virus and/or other code that has contaminating or destructive elements; and
- all data comprised within your User Data Submission will become our property and will be owned solely and exclusively by us (whether your User Data Submission is approved or rejected by us).
If you breach any of these terms, at our discretion, your ability to make User Data Submissions may be restricted and/or your right to use the App may be terminated (in which case any credits which have not been redeemed by you will no longer be redeemable by you).
11. External links
The App may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.
12. Our liability
Nothing in these terms shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
- for any other liability that, by law, may not be limited or excluded.
Subject to this, in no event shall we be liable to you for any business losses and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the highest of:
- the total fees paid by you for any subscriptions and in-app purchases in the App in respect of which the liability arises; and
- the minimum amount permitted by applicable law.
We will not be liable or responsible for any failure to perform or delay in the performance of, any of our obligations that are caused by events outside our reasonable control.
You may not transfer or assign any or all of your rights or obligations under these terms.
All notices given by you to us must be given in writing to the address set out in section 14 of these terms.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these terms is found to be unenforceable, all other provisions shall remain unaffected.
These terms may not be varied except with our express written consent.
These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on these terms may be concluded in the English language only and that no public filing requirements apply.
You agree that any dispute between you and us regarding these terms or the App will only be dealt with by the English courts, except that if you live in a country (which, for these purposes, includes Scotland or Northern Ireland) of the European Union other than England, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform ( http://ec.europa.eu/consumers/odr/ ) provides information about alternative dispute resolution, which may be of interest.
14. Contacting us
Please submit any questions you have about these terms or any complaint or concern in relation to the App by email to email@example.com or write to us at:
Level 1 Devonshire House
One Mayfair Place
London W1J 8AJ
15. Additional terms from third party platform providers
If the App that you download, access and/or use is downloaded from the App Store operated by Apple Inc. ("Apple"):
- your licence to use the App is limited to a non-transferable licence to use the App on an Apple-branded device owned or controlled by you and as permitted by Apple’s usage rules published in its App Store terms of service, except that the App may be accessed, acquired and used by other accounts associated with you via Family Sharing or volume purchasing;
- you acknowledge and agree that:
- Apple has no obligation at all to provide any support or maintenance services in relation to the App. If you have any maintenance or support questions in relation to the App, please contact us, not Apple, using the Contacting us details in these terms;
- we, not Apple, are responsible for responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including (i) product liability claims, (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation;
- in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you;
- to the maximum extent permitted by applicable law, Apple will have no other warranty obligations whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs and expenses attributable to any failure to conform to any warranty will be our sole responsibility and we are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed;
- in the event of any claim by a third party that your possession or use (in accordance with these terms) of the App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and
- although these terms are entered into between you and us (and not Apple), Apple and its subsidiaries are third party beneficiaries of these terms and, upon your acceptance of these terms, Apple Inc. (and will be deemed to have accepted the right) to enforce these terms against you as a third party beneficiary thereof;
- you represent and warrant that:
- you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country; and
- you are not listed on any United States Government list of prohibited or restricted parties; and
- you must comply with any applicable third party terms of agreement when using the App, such as your mobile phone provider's data usage agreement.
If the App that you download, access and/or use is downloaded from Google Play:
You are allowed unlimited reinstalls of the App without any additional fee, provided that if the App is removed from Google Pay due to (a) an allegation of infringement, or actual infringement, of any third party Intellectual Property Right; (b) an allegation of, or actual violation of, third party rights; or (c) an allegation or determination that such Product does not comply with applicable law (collectively "Legal Takedown") then the App will be removed from all portions of Google Play and you will no longer have a right or ability to reinstall the App.
You may also be able to claim a refund from Google for purchases made in the App if you qualify under the Google Play refund policy at https://support.google.com/googleplay/answer/2479637?p=play_refund.
We grant to the User a nonexclusive, worldwide, and perpetual license to perform, display, and use the App. The "User" means you and may also include, but is not limited to, a family group and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play will be subject to reasonable limits designed to prevent abuse of family sharing features.
Google Play and the Google Play logo are trademarks of Google LLC.
If you download the App from a Microsoft-owned or operated platform, however named, through which applications may be offered to or acquired by customers, we are required to permit you to stream and run the App on up to at least ten Windows 10 devices that are associated with your Microsoft account, without payment of any additional fees, with no restriction on (i) how often you can register or de-register such devices or (ii) how often you must access the App from a given device to maintain or refresh your licensed files on that device. You may also download the App to a device that is not registered with your Microsoft account.
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