Terms of Use / User Agreement

Updated September 12, 2009

BY USING THIS SERVICE, YOU INDICATE YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

Copyright Notice

Copyright © 2006-2010, kompoz.com. All rights reserved. Reproduction of any material is prohibited. Permission to use all documents and related graphics and any other material from this World Wide Web site is subject to these Terms and Conditions.

Terms and Conditions

The documents and other materials (the "Materials") published by kompoz.com may only be used as permitted by the right-of-use license in these terms and conditions.

kompoz.com provides the Materials under a non-exclusive, non-transferable license for printing and use only by the individual who signed onto this service, and only for that individual's personal use. The user is not permitted to commercially exploit the information or transfer it to any third party. Any reprinting, sublicensing, copying, modifying, publishing, assignment, transfer, sales, or other distribution of the Materials is prohibited without the prior written consent of kompoz.com or the original Author. The user may not copy, reverse engineer, translate, port, modify, or make derivative works of the Materials. The user may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Materials. The user may not derive or attempt to derive the source code or structure of all or any portion of the Materials by reverse engineering, disassembly, decompilation, or any other means. The user may not use the Materials to operate an information bureau. The Materials may not be copied, even if modified or merged with other data or software. The user will not alter or remove any copyright notice or proprietary legend contained in or on the Materials.

Disclaimer of Liability

THE USER OF THIS SYSTEM ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THE MATERIALS AND THE INTERNET GENERALLY. KOMPOZ AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE MATERIALS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. KOMPOZ DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIAL ON THIS SITE. KOMPOZ WILL NOT BE LIABLE FOR ANY COMPENSATORY, SPECIAL, DIRECT, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, EXEMPLARY DAMAGES OR ANY OTHER DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE MATERIALS. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN KOMPOZ'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $100.00.

Materials

Users agree not to use the Kompoz Web Site to exchange files or content that is copyrighted (except by parties involved in Kompoz collaborations) or that is otherwise illegally transferred. Kompoz reserves the right to suspend or otherwise terminate file or content exchanges it believes infringe on rights of others under copyright law or other applicable law.

By uploading files to Kompoz Projects and to other publicly accessible areas of the Kompoz Web Site, you grant Kompoz worldwide, royalty-free and for payment of no compensation of any kind, a non-exclusive perpetual license(s) to use and publicly display such content on the Kompoz Web Site in connection with the Kompoz Web Site, the operation of the Kompoz Web Site and in connection with Kompoz's business. This license exists only for as long as you elect to continue to include such content on the Kompoz Web Site, and will terminate at the time you \ remove or Kompoz removes such content from the Kompoz Web Site. Kompoz does not claim any rights to a user's music other than the right to display it in the Kompoz Web Site and the rights set forth above.

Kompoz reserves the right without prior notice to remove material (including, but not limited to photos, text, files, user submissions, user profiles, and user accounts) from the Kompoz Web Site because it is harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous or otherwise deemed, in the sole discretion of Kompoz, to be objectionable or incompatible with these Terms of Use and/or the goals of the Kompoz Web Site.

Code of Conduct

Kompoz strongly believes that the Kompoz Web Site should be a positive, constructive, and creative environment for the production of new music, and for worldwide music collaboration. Users agree to use the Kompoz Web Site in accordance with these beliefs. Kompoz reserves the right to suspend and/or delete users that engage in behavior that is objectionable or incompatible with the goals of the Kompoz Web Site.

Users agree not to use the Kompoz Web Site to upload, post, email, transmit or otherwise make available any content that Kompoz, in its sole discretion, deems to be harmful, threatening, abusive, harassing, vulgar, obscene, hateful, pornographic, libelous, or otherwise objectionable; upload any content that infringes upon any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload submissions that users do not have a right to make available under applicable law or any contractual or fiduciary relationships; impersonate any person or entity, or falsely state or otherwise misrepresent themselves or their affiliation with any person or entity; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation or commercial solicitation; upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another user; or, use or attempt to use another user's account, service or system without prior written authorization from Kompoz, LLC, or create a false identity on the Kompoz Web Site.

No Warranties

The Materials may include technical inaccuracies or typographical errors. kompoz.com has the right to make changes and updates to any information contained within this server without prior notice.

THE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. NO INFORMATION GIVEN BY kompoz.com, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY.

Some states do not allow the exclusion or limitation of incidental or consequential damages or the limitation of duration of an implied warranty, so the limitation or exclusion herein may not apply to you. This warranty will not apply to the extent that any provision of this warranty is prohibited by any federal, state, or local law that cannot be preempted. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state and country to country.

No Endorsement

Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not imply its endorsement, sponsorship, or recommendation by kompoz.com.

kompoz.com has the right to terminate user's access to this service at any time without notice. kompoz.com reserves the right to discontinue or modify any of the information contained on this service, or the service, at any time. Kompoz.com has the right to modify these terms and conditions at any time. This agreement will be governed by the laws of the United States of America. If any provision of this Agreement is declared invalid or unenforceable, the remaining provisions of this Agreement will remain in effect. The user agrees to comply with all applicable laws in using this service or the Materials.

Open Music Agreement

By submitting your music to a pubic project on kompoz.com, you are allowing others to build and improve upon your work. You are not giving up ownership of your music, but are offering some rights to others under a certain set of conditions. In particular, by submitting audio files and supporting materials, you are agreeing that your music is licensed under the license agreement defined for the project to which you are submitting music. Most often, this license agreement is one of the Creative Commons licenses. Further, by submitting files and supporting materials, you acknowledge that you have read the full license applicable for each project to which you are contributing, and the designations above, and that you agree with the content.

By submitting your music to a project on kompoz.com, you grant to Kompoz the non-exclusive right throughout the world in perpetuity to record, distribute, license, broadcast, and exhibit your work. Furthermore, Kompoz is granted the non-exclusive right to advertise, promote and market the composition through any and all methods, means and media, whether now known or hereafter devised. I further understand and agree that the project owners may publish a completed mix for a project, which may or may not include your contributions. If your contributions are included in a published mix, the project owner will be required to provide attribution to your work.

Copyright Complaints

If you believe that any material on the Kompoz Web Site violates any copyright or similar right which you own or control, you may send a written notification of such infringement to our Designated Agent as set forth below:

Name of Agent Designated to Receive Notification of Claimed Infringement: David Bercuson, P.A.

Full Address of Designated Agent to Which Notification Should be Sent: Two Datran Center, Suite 1800, 9130 S. Dadeland Blvd, Miami, FL 33156

E-Mail Address of Designated Agent: dbercuson@aol.com

To meet the notice requirements under the Digital Millennium Copyright Act (DMCA), the notification must consist of a written communication that includes the following:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Private Projects - Cancellation Policy

Depending on the date you cancel, you may be entitled to a credit. For any Private Project deleted within 3 days of purchase, a credit will be automatically issued valid for a future Private Project. Credits are unavailable for cancellations after 3 days. No cash refunds are available. To obtain a credit, simply delete your private project within 3 days (72 hours) of the creation date of that project.