It is important that you carefully read and understand the terms and conditions of this Agreement. By accessing and using our Products and Services you are providing your consent to abide by this Agreement. If you do not agree to these terms and conditions of the Agreement, you are not authorized to use these Products and Services and we ask that you cease any use of our Products and Services.
Please note that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
1. Right to Change Terms
2. Intended User
This website contains information about Products and Services for use in the United States and is intended for a United States audience. If you live outside the U.S., you may see information on this website about Products and Services that are not approved or marketed in your country.
3. Permitted Uses
Who Can Use the Services
b. By using the Services, you state and agree that:
You are not a convicted sex offender.
You are not under investigation for any type of inappropriate behavior with a student or minor.
If you are using the Services on behalf of a larger business or entity such as a college, university, or conservatory, you state that you are authorized to grant all licenses set forth in these Terms and to agree to these Terms on behalf of the entity.
License. Subject to full compliance with this Agreement, bNoteable grants you a nonexclusive, nontransferable, non-sublicensable, terminable license to access and use our Products and Services for your personal use.
Private Use. The services made available on, by or through our Products and Services, as well as any information provided on, by or through our Products and Services, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the “Information”), are provided for personal use only and not for any for-profit or commercial activities or purpose or for resale, except as expressly permitted herein.
Reproduction. Without the express written consent of bNoteable, no Information or any other bNoteable materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, sold, distributed, reverse engineered, or commercially exploited in any way, except as expressly permitted in this Agreement or as part of the functionality built in and authorized by our Products and Services.
Unauthorized Use. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise bNoteable promptly of any such unauthorized use of which you are aware. Failure to abide by these conditions will immediately terminate permission to use our Products and Services and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of bNoteable or others.
4. User Access
We work extremely hard to keep our Services as safe as possible for all users, especially students. However, we can't guarantee it. That's where you come in. By using the Services, you agree that:
You will not use the Services for any purpose that is illegal or prohibited in these Terms.
You will act in a kind, respectful, professional manner at all times.
You will not inappropriately solicit or inappropriately message another user for any reason.
If a user asks you to cease communications, you will do so immediately.
We encourage you to report other members who message you inappropriately or who make you feel uncomfortable through any other means on the bNoteable platform. Please email us at support@bNoteable.com.
College, University, and Conservatory Faculty users will only use the global post feature to post relevant information as it relates to the educational process at their current college, university, or school of music. Personal posts not related to their college's educational process are prohibited.
Global posts may only be sent by the person who is registered for that particular faculty account.
You will not use or attempt to use another user’s account, username, or password for any reason.
You will not solicit login credentials from another user.
You will not post content that contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence.
You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
You will not develop any third-party applications that interact with the Services or other user’s content or information without our written consent.
You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoy the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
You will not attempt to access areas or features of the Services that you are not authorized to access.
You will not probe, scan, or test the vulnerability of our Services or any system or network.
You will not encourage or promote any activity that violates these Terms.
6. Your Account
You are responsible for any activity that occurs in your bNoteable account. Therefore it’s important that you keep your account secure by selecting a strong password that is not used for any other account.
By using the Services, you agree that in addition to exercising common sense:
You will not create more than one account for yourself.
You will not create another account if we already disabled your account, unless you have our written permission to do so.
You will not buy, sell, rent, or lease access to your bNoteable account.
You will not share your password.
You will not log in or attempt to access the Services through unauthorized third-party applications or clients.
If you think someone has gained access to your account, please contact us immediately at support@bNoteable.com
You acknowledge that any video or audio files you upload and post to your profile, or the music reels (videos) you ask bNoteable to put together on your behalf is not the property of bNoteable LLC. Your agree that videos, audio files, and other content you upload are your copyrights or you are able to use it for the intended purpose on the bNoteable platform. You will tell us what to do if we create a music reel on your behalf. bNoteable LLC makes no copyright claim to any video, audio file, or other content uploaded to the platform by any user.
7. IP Ownership
bNoteable Copyright. Our Products and Services are owned and operated by bNoteable LLC and its licensors, and the Information (and any intellectual property and other rights relating thereto) is and will remain the property of bNoteable LLC. The Information is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of our Products and Services or any Service or Information without our prior written permission. Our Products and Services and Information may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by bNoteable. Use of our Products and Services or any Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using our Products and Services or any Information.
bNoteable Copyrighted Trademarks. The copyrighted trademarks and logos, including bNoteable® and “b®” logo displayed on our Products and Services (the “Trademark”) is the registered, copyrighted trademark of bNoteable LLC. Nothing contained in this Agreement or our Products and Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any copyrighted trademark(s) without the express written permission of bNoteable LLC, except as set forth in this section. You acknowledge and agree that all rights in and to the bNoteable copyrighted trademarks are our exclusive property, and any goodwill generated by your use of any bNoteable copyrighted trademark will inure to our exclusive benefit. You will not take any action that is in conflict with our rights in or ownership of any bNoteable copyrighted trademark.
8. Data Charges and Mobile Phones
You are responsible for any mobile charges that you may incur for using our Services, including receiving a confirmation code to your mobile device when signing up for an account, and any other data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.
If you change or deactivate the mobile phone number that you used to sign up for your bNoteable account, you must update your account information through the My Account tab to gain access. Otherwise you can email us at support@bNoteable.com
9. Cancellation & Refunds
10. Third Party Links
11. Term & Termination
This Agreement is effective from the date that you first access our Products and Services and shall remain effective until terminated in accordance with its terms. bNoteable may immediately terminate this Agreement, and/or your access to and use of our Products and Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. You understand that bNoteable may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to bNoteable. This Agreement will also terminate automatically if you fail to comply with any term or provision of this Agreement. Upon termination of this Agreement by either party, your right to use our Products and Services shall immediately cease, and you shall destroy all copies of information that you have obtained from our Products and Services, whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all bNoteable rights of ownership shall survive any termination.
bNoteable may provide links on the Service to other sites, including the content therein (“Reference Sites”). bNoteable has no control over such Reference Sites or their content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability, or reliability of Reference Sites or other content linked to by the Service. bNoteable provides links to you only as a convenience, and the inclusion of any link on the Service does not imply our affiliation, endorsement, or adoption of the linked Reference Site or other content or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, CONTENT, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. Our terms and policies do not govern your use of any site other than the Service. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
OUR PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND PRODUCTS AND SERVICES IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
THERE IS NO WARRANTY, REPRESENTATION OR GUARANTEE THAT OUR PRODUCTS AND SERVICES, OR YOUR USE OF OUR PRODUCTS AND SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT OUR PRODUCTS AND SERVICES, OR ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM OUR PRODUCTS AND SERVICES, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF OUR PRODUCTS AND SERVICES EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR PRODUCTS AND SERVICES AND/OR SERVICES AND INFORMATION AND YOUR RELIANCE THEREON.
13. Limitation of Liability
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER BNOTEABLE NOR ANY OF ITS AGENTS, SUCCESSORS, OR ASSIGNS, NOR BNOTEABLE’S DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO OUR PRODUCTS AND SERVICES, INFORMATION, SERVICES AND/OR ANY LINKED PRODUCTS AND SERVICES, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIMS RELATED TO THESE PRODUCTS AND SERVICES, THE INFORMATION, SERVICES, OR ANY LINKED PRODUCTS AND SERVICES IS TO STOP USING OUR PRODUCTS AND SERVICES, SERVICE, OR LINKED WEBSITE, AS APPLICABLE AND A PRO-RATED REFUND OF THE FEES PAID (IF ANY) FOR THE PRODUCTS AND SERVICES BASED ON THE NUMBER OF DAYS REMAINING IN YOUR SUBSCRIPTION. FOR STUDENT USERS THAT HAVE MEMBERSHIPS PROVIDED THROUGH AN ORGANIZATION, BNOTEABLE DOES NOT PROVIDE REFUNDS FOR ANY DUES PAID TO AN ORGANIZATION FOR THE USE OF BNOTEABLE.
NEITHER BNOTEABLE NOR ANY OF ITS AGENTS, SUCCESSORS, OR ASSIGNS, NOR BNOTEABLE’S DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES WILL HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF ANY INACCURACY, INCOMPLETENESS OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS.
You agree to fully indemnify, defend, and hold bNoteable, agents, successors, and assigns and bNoteable’s directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of this Agreement; (b) any allegation that any materials you submit to us or transmit to our Products and Services infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with our Products and Services or other websites to which our Products and Services is linked; and/or (d) your negligence or willful misconduct.
15. Other Jurisdictions
bNoteable makes no representation that our Products and Services operate (or are legally permitted to operate) in all geographic areas, or that our Products and Services or Information are appropriate or available for use in other locations. Accessing our Products and Services from territories where our Products and Services or any content or functionality of our Products and Services or portion thereof is illegal is expressly prohibited. If you choose to access our Products and Services, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.
By use of our Products and Services, you consent to receive electronic communications from bNoteable. You also agree that any such communications satisfy any legal requirement to make such communications in writing under this Agreement or under any applicable laws or regulations. Specifically, we may provide notice to you by sending an email to the address that you provided as part of your registration for our Products and Services. Any notice to bNoteable will be provided by both (a) sending an email to email@example.com; and (b) providing a copy by certified mail, return receipt requested to:
Attn: Legal Department
5900 Balcones Dr. STE 100
Austin, TX, USA 78731
17. No Waiver
No delay or omission by either party in exercising any rights under this Agreement will operate as a waiver of that or any other right. A waiver or consent given by either party on any one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion.
Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sublicensable by you except with bNoteable’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. bNoteable may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.
Any controversy between the Parties to this Agreement involving the construction or application of any of the terms, provisions, or conditions of this Agreement, shall on written request of either party served on the other, be submitted to binding arbitration. You fully support and agree that you are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, you are agreeing for all disputes to be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Said binding arbitration shall comply with and be governed by the provisions of the American Arbitration Association for Commercial Disputes unless the Parties stipulate otherwise. The attorneys’ fees and costs of arbitration shall be borne by the losing party unless the Parties stipulate otherwise, or in such proportions, as the arbitrator shall decide.
20. Governing Law & Venue
This Agreement shall be governed in all respects by the laws of the United States of America and by the laws of the State of Texas. The courts of Houston, Texas in Harris County shall be the exclusive forum for any mediation, arbitration, litigation or dispute resolution.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
22. Entire Agreement
Effective: January 1, 2021
Last modified as of: August 27, 2023