The Power Music Box Services are made available to You via our Web site www.powermusicbox.com (the "Site") subject to the following terms and conditions. By using the Site, you are agreeing to the following Terms of Service. Please read these Terms of Service carefully and if You disagree with one or more of these terms, You must discontinue Your use of the Power Music Box Services.
By signing up for and using the Power Music Box Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms of Service. The minimum age of a User, to sign up for an account with Power Music Box, is 18 years.
As used in this Agreement, certain terms used herein shall have the following meanings:
1. Cambron Software: are the creators and owners of the Power Music Box web site and all software Services associated with it.
2. Power Music Box: is the web site and associated Services created and maintained by Cambron Software.
4. Storage Data: The electronic data, including, but not limited to, chord sheets, sheet music, play lists, annotations, tags, index information, authors and copyright holders.
5. User: Any individual, group or entity accessing the Power Music Box Services and/or utilizing one or more of the Power Music Box Services to store, transfer, share or receive Storage Data.
6. You, Your, Yours: The person who is over the age of 18, who has entered into this Agreement with Cambron Software and for whom Cambron Software has established an account.
B. Terms and Conditions.
1. Power Music Box Services.
Cambron Software’s Power Music Box provides a variety of services that enables You to store, transfer, share and receive Storage Data online. Cambron Software is not Your agent nor of any other party designated by You, nor is Cambron Software a direct party to any Transaction. You and Cambron Software act independently in all Transactions.
2. Subscription Plans.
Subscription plans are optional and are not required for the purchase of Digital Songbooks from Power Music Store. Registration is free.
Subscription plans are available for online storage of your own uploaded songs if you require more storage than the allocated amount for a free account. You agree to pay all applicable fees and charges for any Power Music Box Services You purchase from Cambron Software. All charges are non-refundable. You must select one of the payment methods made available to You. Your account will be charged the applicable fees and charges in advance as applicable to the plan you choose (the "Subscription Plan”) You have chosen. You agree to allow Cambron Software to place Your account on a recurring payment plan. You must give us accurate billing and payment information and keep this information up-to-date by going to the "Account Settings" area on Power Music Box web site. Incomplete, incorrect or questionable signup information will be rejected and You will be unable to open an account. You authorize us to charge Your designated payment method for these charges and to retain information about the payment method associated with Your account. If we do not receive payment from Your designated payment method, You agree to pay all amounts due upon demand by us. After 30 days from the date of any unpaid charges, Your account will be terminated for non-payment. Cambron Software reserves the right to terminate any and all accounts at any time, with or without notice or cause. If Cambron Software terminates your account for any reason other than a violation by You of these Terms of Service, Cambron Software will refund you any amounts prepaid by you on a pro rata basis for the remainder of Your current subscription period. Should You have any questions concerning Power Music Box's billing, please contact [email protected]
3. Your Identity.
4. Access to Power Music Box Services.
You are solely responsible for maintaining the confidentiality of Your password and any additional identifying information required for Your use of the Power Music Box Services. You may not share Your account with other people. Please keep Your password private. You must immediately notify Cambron Software if You become aware of any loss, theft, or unauthorized use of Your password or of any other unauthorized use of any User's account information, contact data, Storage Data or the Power Music Box Services. Cambron Software does not guarantee the security of any information transmitted to or from Power Music Box. You are solely responsible for all Storage Data and other information stored, transferred, and received under Your username and password including, but not limited to, sole responsibility for completing transactions initiated under Your username and password. If You lose control of Your password, You may be subject to legally binding actions taken on Your behalf. You are solely responsible for the accuracy and appropriateness of the Storage Data maintained under Your username and password; for ensuring that Storage Data posted or distributed under Your username and password does not violate or infringe this Agreement or upon the rights of any third party (including, without limitation, copyrights, trademarks, privacy or other personal or proprietary rights); and for ensuring that Storage Data maintained under Your username and password are not illegal or obscene. Cambron Software disclaims any and all liability for such matters, and, to the fullest extent permitted by law.
5. Review of Storage Data.
Cambron Software does not regularly monitor the use of its services by any particular user, however it reserves the right to do so if Cambron Software, in its sole discretion, determines there may be misuse as defined by the terms of this Agreement. Cambron Software may monitor Your access, use, files and/or Storage Data to detect signs of misuse. Cambron Software will not knowingly tolerate the use of the Power Music Box Services for illegal or other injurious or damaging activities. If Power Music Box believes, in its sole and absolute discretion, that You may be engaging in or in any way connected with any unlawful or improper activity, Cambron Software may disclose its Users' files and Storage Data to law enforcement or any other authority Cambron Software deems proper.
6. Maintenance of Storage Data.
Cambron Software shall have no responsibility for and does not guarantee the integrity, completeness or availability of Power Music Box Services or of Storage Data residing on Cambron Software’s equipment. You are responsible for independent backup of Storage Data stored using the Power Music Box Services. You agree to assume all risk of loss of such data. You agree to defend, indemnify and hold Power Music Box harmless for any loss of data, whether on Your equipment or through the Power Music Box Services, arising out of or resulting from use of the Power Music Box Services, including use of software provided by Power Music Box, if any.
7. Site Restrictions.
You will not attempt to gain access to Power Music Box's private system areas or to other areas within the Site to which You are not expressly permitted access and You shall not reverse engineer or attempt to reverse engineer any portion of the Power Music Box Services or the Site. You may not upload files with an invalid extension or in an invalid format for the purpose of circumventing Power Music Box's rules. All files that do not match their file extension or type may be deleted by Power Music Box without notice.
8. Prohibited Storage Data.
You shall not use the Power Music Box Services to transmit, transfer or convey Storage Data that might be illegal or otherwise damaging to Cambron Software, its users, or others. Specifically, You agree that, and represent and warrant that, no Storage Data (or any portion thereof) provided by You, on Your behalf, with Your username and password shall:
(i) Infringe any third party's copyright;
(ii) Be defamatory, libellous, unlawfully threatening or unlawfully harassing;
(iii) Be false, inaccurate or misleading;
(iv) Contain child pornography
(v) Contain any viruses, Trojan Horses, Worms, Time Bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
9. Copyright Infringement Policy.
To protect copyright owners and Power Music Box's users, Cambron Software has a strict Copyright Infringement Policy that protects against the infringement of others' intellectual property rights. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of United Kingdom and international laws. Although Cambron Software will enforce its policies to the extent technically feasible, some Storage Data may have been created or distributed without proper authorization. As a condition to continued use of the Power Music Box Services as well as a condition precedent to Your obtaining a valid license to use any Storage Data, You agree that You will not infringe the intellectual property rights of others in any way. Cambron Software will terminate the account of any User whom Cambron Software has found to violate its policy against intellectual property infringement. Where appropriate, organisations must ensure they are complying with CCLI policies for CCL and MRL.
10. Anti-Spamming Policy.
You agree that You will not collect personal information about other Users and will not send mass, unsolicited electronic mailings, chain letters, or "pyramid schemes" to Power Music Box's Users. You shall not use the Power Music Box Services for advertising or promotion of a commercial product or service that is not available through the Power Music Box Services.
You may not assign, transfer, or delegate this Agreement, Your duties and obligations under this Agreement, Your benefits under this Agreement, or Your Power Music Box account to anyone without the express written consent of Cambron Software. Upon reasonable notice to You, Cambron Software may assign or transfer this Agreement at its sole discretion.
12. DISCLAIMER OF WARRANTIES.
POWER MUSIC BOX SERVICES AND MATERIALS AND THIRD PARTY CONTENT ACCESSIBLE IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND, EXCEPT AS EXPRESSLY PROVIDED HEREIN, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CAMBRON SOFTWARE DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Cambron Software does not warrant that the functions and/or services of Power Music Box Services or Power Music Box related services, Storage Data, hardware, sites, software, data or other material will be uninterrupted or error-free, or that defects will be detected or corrected. You expressly agree to solely assume the entire risk as to the quality and performance of the Power Music Box Services and the accuracy or completeness of Storage Data. You expressly agree to assume the entire cost of all necessary servicing, repair, correction and related liabilities resulting from Your use of the Power Music Box Services
13. LIMITATION OF LIABILITY.
YOU AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES, INCLUDING (BUT NOT LIMITED TO) NEGLIGENCE, SHALL CAMBRON SOFTWARE BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT RELATE TO OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR THE CORRUPTION OF STORAGE DATA, OR OTHER DATA STORED ON, STORED IN, RETRIEVED FROM, ACQUIRED, TRANSMITTED OR TRANSFERRED THROUGH POWER MUSIC BOX SERVICES, EVEN IF CAMBRON SOFTWARE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CAMBRON SOFTWARE'S AGGREGATE LIABILITY TO YOU ANY USER DESIGNATED BY YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESSING THE SITE.
14. Termination for Convenience.
Cambron Software reserves the right to change, suspend or discontinue all or any aspect of its services made available to You or others at any time, including the availability of any feature, Storage Data, without prior notice or liability to You. Either party may terminate this Agreement at any time for any reason or for no reason by sending notice of termination to the other party. You expressly waive and release Cambron Software from any and all claims You may have against Cambron Software arising out of or related to any such termination.
15. Termination for Cause.
Cambron Software may terminate this Agreement if You submit false or misleading information to Cambron Software, if You breach any provisions of this Agreement, or violate any laws, including the Copyright Act. Upon termination for cause, You will no longer have the right to access the Power Music Box Services and You will be precluded from accessing the Power Music Box Services in the future. Power Music Box expressly reserves any and all additional rights and remedies it may have against You including, but not limited to, claims for breach of contract.
16. Choice of Law and Venue.
The Power Music Box Services are managed from its offices within the United Kingdom. Power Music Box makes no representation that its services are appropriate or available for use in other locations. If You choose to access this site from other locations, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All matters with respect to this Agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the laws of the Scotland.
If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be amended unless the owner of Cambron Software has approved and signed such an amendment in writing.
Power Music Box may from time to time amend the terms and conditions of this Agreement. At the time of any such change, You will be notified of the modified terms and conditions on the Power Music web site. Continued use of the Power Music Box Services after the effective date of the notification shall constitute acceptance of the changed Agreement.
19. Entire Agreement.
You represent that You have carefully read this Agreement, that You understand its contents, and that You have had an opportunity to seek independent legal advice with respect to the review and advisability of entering into this Agreement. Should You have any questions concerning this Agreement, please contact [email protected]
20. Copyright Notice.
Copyright 2012, Cambron Software. All rights reserved. All content copyright and other rights reserved to its respective owners. No content may be duplicated with express written consent. Any content, trademark(s), or any other material that may be found on the Site that is not Cambron Software’s property remains the copyright of its respective owner(s). In no way does Cambron Software claim ownership or responsibility for such items and you should seek legal consent for any use of such material from its owners.
1. Information Collection and Use
Cambron Software is the sole owner of the information collected from its Users. Except as required by law or court order, Cambron Software will not sell, share, or rent this information to others.
In order to use the Power Music Box Services, Users must first complete a registration form, which requires providing Cambron Software certain information. This information is used to identify the specific User utilizing the Power Music Box Services. The User may provide optional identifying information, demographic information, and unique identifiers to enable us to provide a more personalized experience on the site.
A cookie is a piece of data stored on the User's hard drive containing information about the User. Cookies identify the User for our database, but provide no information other than that which you have already provided to Cambron Software. If a User rejects the cookie, they may still use the Site. Cookies can also enable Cambron Software to track and target the interests of the Users to enhance their experience on the Site.
4. Log Files.
Cambron Software uses IP addresses to analyse trends, administer the Site, and track Users. IP addresses are linked to personally identifiable information for security and operational purposes only.
5. Use of Personal Information.
Except as set forth in your preferences, Cambron Software will not give, sell, rent, share, or trade any personal information about you to third parties or provide your personal information, including your name or electronic mail address, to third parties except as required by law or court order, and/or as Cambron Software believes necessary or appropriate in connection with an investigation for fraud, intellectual property infringement, piracy, or other potentially illegal activity and/or for dispute resolution and enforcement of the Agreement.
6. Special Offers.
Cambron Software may occasionally send information on products, services, special deals, or a newsletter to its Users. All emails will have an opt-out (from future emails) provision.
Cambron Software uses available best practices to protect our Users' information. When Cambron Software asks Users to enter sensitive information (such as credit card number), that information is protected with SSL encryption software for transmission via our payment partner. All of our Users' information is restricted in our offices. Only employees or contractors who need the information to perform a specific job are granted access to personally identifiable information.
8. Site and Service Updates.
Cambron Software may send its Users site and service announcement updates. Users are not able to un-subscribe from service announcements which contain important information about the service. Cambron Software communicates with the User to provide requested services and in regards to issues relating to their account via electronic mail or phone.
9. Correcting/Updating Personal Information.
If your personally identifiable information changes (such as your address), Cambron Software will endeavour to provide a way to correct or update the personal data you provided to it. This can usually be done at the Account Information page or by electronically mailing Cambron Software Customer Support at [email protected]
We use third-party advertising companies to serve ads when you visit our websites. Depending on your preferences, these companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.