Agreement
THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”) IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“YOU,” “YOUR” OR “YOURSELF”) AND TECHKNOCK DIGITAL SERVICES (“OUR,” “US,” “WE” OR “INDIAN GUITARIST”), WHICH GOVERNS YOUR USE OF THE IG SERVICE TOGETHER WITH ALL INFORMATION, CONTENT, PRODUCTS, MATERIALS AND SERVICES MADE AVAILABLE TO YOU THROUGH THE SAME BY US AND/OR THIRD PARTIES (COLLECTIVELY, “WEBSITE/APP”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING WEBSITE/APP. BY REGISTERING FOR, USING OR OTHERWISE ACCESSING WEBSITE/APP, OR ANY COMPONENT THEREOF, IN ANY MANNER WHATSOEVER, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS HEREIN. THE SERVICE IS OFFERED AND MADE AVAILABLE ONLY TO USERS 13 YEARS OF AGE OR OLDER. IF YOU ARE NOT YET 13 YEARS OLD, PLEASE DISCONTINUE USING THE SERVICE IMMEDIATELY, OR IF, FOR ANY REASON, YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.
REGISTERED USERS OF THE WEBSITE/APP AGREE THAT ANY SUBMITTED OR POSTED CONTENT BY YOU, SHALL BE YOUR SOLE RESPONSIBILITY AND AGREE THAT THE CONTENT WAS OBTAINED AFTER ALL NECESSARY RIGHTS, LICENSES OR CLEARANCES. INDIAN GUITARIST DOES NOT CLAIM ANY OWNERSHIP RIGHTS TO THE CONTENT GIVEN BY REGISTERED USERS TO DISPLAY OR PUBLISH ON THE WEBSITE/APP.
INDIAN GUITARIST RESERVES THE RIGHT NOT TO POST OR PUBLISH THE CONTENT, AND TO DELETE, REMOVE OR EDIT ANY OF THE CONTENT, AT ANY TIME IN ITS SOLE DISCRETION WITHOUT NOTICE OR LIABILITY.
AFTER POSTING “THE CONTENT” ON, THROUGH OR IN CONNECTION WITH THE WEBSITE/APP, YOU CONTINUE TO RETAIN ANY SUCH RIGHTS THAT YOU MAY HAVE IN “THE CONTENT”, SUBJECT TO THE LIMITED LICENSE HEREIN. BY POSTING “THE CONTENT” ON, THROUGH OR IN CONNECTION WITH THE WEBSITE/APP, YOU HEREBY GRANT TO INDIAN GUITARIST A LIMITED LICENSE TO USE, MODIFY, DELETE FROM, ADD TO, PUBLICLY PERFORM, PUBLICLY DISPLAY, REPRODUCE, AND DISTRIBUTE “THE CONENT” SOLELY ON, THROUGH OR IN CONNECTION WITH THE WEBSITE/APP, INCLUDING, WITHOUT LIMITATION, THROUGH THE SERVICE TO APPLICATIONS, WIDGETS, WEBSITES OR MOBILE, DESKTOP, INCLUDING, WITHOUT LIMITATION, DISTRIBUTING PART OR ALL OF THE SERVICE AND “THE CONTENT” INCLUDED THEREIN, IN ANY MEDIA FORMATS AND THROUGH ANY MEDIA CHANNELS, AND SHALL CONSTITUTE A WAIVER OF ANY RIGHTS, ”MORAL RIGHTS,” OR ANY SIMILAR RIGHTS UNDER ANY JURISDICTION. THIS LIMITED LICENSE DOES NOT GRANT INDIAN GUITARIST THE RIGHT TO SELL OR OTHERWISE DISTRIBUTE “THE CONTENT” OF THE WEBSITE/APP.
USER GENERATED CONTENT
1 The Service may, but is not obligated to, offer interactive features that allow Registered Users to, among other things, submit or post Content (“User Generated Content”) or links to third party Content on areas of the Service accessible and viewable by other users of the Service and the public. If you are a Registered User, you represent and agree that any use by you of such features, including any User Generated Content or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. Registered Users also further agree to provide accurate and complete information in connection with your submission or posting of any User Generated Content on the Service. “User Generated Content” includes, without limitation, tablatures (text or electronic), reviews, videos, photos, articles, audio files, applications and any other content whether copyrightable or not.
2 Indian Guitarist does not claim any ownership rights in User Generated Content that you transmit, submit, display or publish (“post”) on, through or in connection with the Service. After posting your User Generated Content on, through or in connection with the Service, you continue to retain any such rights that you may have in your User Generated Content, subject to the limited license herein. By posting any User Generated Content on, through or in connection with the Service, you hereby grant to Indian Guitarist a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Generated Content solely on, through or in connection with the Service, including, without limitation, through the Service to applications, widgets, websites or mobile, desktop, including, without limitation, distributing part or all of the Service and any User Generated Content included therein, in any media formats and through any media channels, including without limitation, third party social media and streaming platforms, and shall constitute a waiver of any rights, ”moral rights,” or any similar rights under any jurisdiction. Except as expressly provided for herein, this limited license does not grant Indian Guitarist the right to sell or otherwise distribute your User Generated Content outside of the Service.
3 The license you grant to Indian Guitarist is non-exclusive (meaning you are free to license your User Generated Content to anyone else in addition to Indian Guitarist), fully-paid and royalty-free (meaning that Indian Guitarist is not required to pay you or anyone else deriving rights from you for the use on the Service of the User Generated Content that you post), sublicensable (so that Indian Guitarist is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Service), and worldwide (because the Internet and the Service is global in reach)
4 Following termination or deactivation of your account, or if you remove any User Generated Content from Indian Guitarist, we may keep your User Generated Content for a reasonable period of time for backup, archival, or audit purposes. Indian Guitarist and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Generated Content that other users have stored or shared on Indian Guitarist.
5 Indian Guitarist reserves the right not to post or publish any User Generated Content, and to delete, remove or edit any User Generated Content, at any time in its sole discretion without notice or liability.
6 Indian Guitarist has the right, but not the obligation, to monitor any information and User Generated Content submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Indian Guitarist in its sole discretion deems appropriate
7 Rights Granted to Registered Users:
(a) Tablature Rights. Subject to any third party restrictions, Indian Guitarist grants to Registered Users a nonexclusive right and license, solely on or through the Service, to (i) create Tablatures based upon the compositions that we have licensed from third party publishers and writers (the “Licensed Compositions”); and (ii) reproduce, distribute and display the Tablatures (or any portion thereof) on or through the Service.
(b) Lyric Rights. Subject to any third party restrictions, Indian Guitarist grants to Registered Users a nonexclusive right and license, solely on or through the Service, to include and display the lyrics of the Licensed Compositions, in whole or in part, in conjunction with the Tabs and independently of the Tabs (the “Lyrics Rights”).
(c) Demonstration Rights. Subject to any third party restrictions, Indian Guitarist grants to Registered Users a nonexclusive right and license, solely on or through the Service, to (i) record the Licensed Compositions as audio files, (ii) record the Licensed Compositions in synchronization with visual images; and (iii) perform publicly the Licensed Compositions and any reproductions in conjunction with or in lieu of the Tablatures (collectively the “Demonstration Rights”).