These Terms are entered into and made by and between MyMusicSheet(MMS) and USER as follows concerning use the MMS together with all information, contents, products, materials and service made available to USER.
USER expressly agrees that use of and access to the service is at USER’s sole risk. The service is provided on an “AS IS” and an “AS AVAILABLE” basis. MMS do not make, and hereby disclaim, any representations or warranties regarding the service, MMS site and the products and services offered through the service or any portion thereof, express, implied or statutory, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, noninfringement of third party right, or any warranties arising by course of dealing or custom of trade. MMS make no representation or warranty that any material, content, products or services displayed on or offered through the service are accurate, complete, appropriate, reliable or timely. MMS also make no representations or warranties that the service will meet USER’s requirements and/or USER access to and use of the service will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to USER.
To the maximum extent permitted by law, MMS shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) USER’s access to or use of or inability to access or use the service; (b) Any conduct or content of any third party on the service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; or (c) unauthorized access, use or alteration of transmissions or content in no event shall MMS’s aggregate liability for all claims relating to the service.
USER agrees to defend, indemnify and hold MMS harmless against any losses, expenses, costs or damages, including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation or proceedings, arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) USER’s breach of, or failure to comply with this Terms, (b) USER’s use of the Service, and/or (c) the use of the Service by any other person using USER’s IDs. MMS may, in our discretion, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. MMS reserves the right, at our own expense and on notice to USER, to assume exclusive defense and control of any such claim or action and then USER’s corresponding indemnification obligation will end.
USER understands that by using the Service, USER may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, USER agrees to use the Service at USER’s sole risk and that MMS shall have no liability to USER for content that may be found to be offensive, indecent, or objectionable. Content descriptions are provided for convenience, and USER acknowledges and agrees that MMS does not guarantee its accuracy.
MMS may change, suspend, or discontinue the Service, or any part of the Service, at any time without notice. MMS reserve the right to add, delete, change or modify parts of these Terms at our sole discretion and at any time without notice or liability to USER. If MMS does this, MMS will post the changes to the Terms of Service on this page and will indicate the effective date of these Terms at the bottom of the page. It is important for USER to refer to this Terms from time to time to make sure that USER is aware of any additions, revisions, or modifications that MMS may have made to this Terms. USER continued use of the Service constitutes USER’s acceptance of the new Terms.