Chromatik Terms and Conditions of Use
Accounts; Registration Data; Account Security
In connection with registering for or using the Service, you agree (i) to provide accurate, current and complete information about you and your organization as requested by Chromatik (“Registration Data”); (ii) to maintain the confidentiality of your password and other information related to the security of your account; (iii) to maintain and promptly update the Registration Data and any other information you provide to Chromatik, to keep such information accurate, current and complete; and (iv) to be fully responsible for all use of your account and for any actions that take place through your account.
If you are an instructor using this Service in a classroom setting (“Instructor”) with students that are not 18 years of age or older (“Minors”), you agree that you are responsible for the acts of such students in connection with their use of the Service.
Proprietary Rights in Chromatik Content; Limited License
You may be able to submit and display materials on areas of the Service accessible and viewable by other Users (“User Content”). You are solely responsible for all User Content (including sheet music, audio or video content, text, data, graphics, images and any other content) that you provide to Chromatik for display (hereinafter, “post”) on or through the Service, or transmit to or share with other Users. Accordingly, you represent and warrant that all User Content and all other content posted, transmitted or distributed by you on or through the Service will not violate or infringe upon the rights of any third party (including copyright, trademark, privacy, publicity or other personal or proprietary rights) and that such content shall not contain libelous, defamatory or otherwise unlawful material.
Chromatik has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (“Act”) and avails itself of the protections under the Act. Chromatik reserves the right to remove any User Content that allegedly infringes another person’s copyright. Chromatik may, in appropriate circumstances and at its discretion, disable or terminate the accounts of Users who infringe the copyrights or other intellectual property rights of Chromatik or others in connection with the Service, including accounts of repeat infringers.
If you believe that your work has been displayed on the Service in a way that constitutes copyright infringement, or that your copyright rights have otherwise been violated in connection with the Service, please provide a notice of such infringement to Chromatik’s Designated Agent as set forth below:
Name of Agent Designated for Notification of Claims of Infringement: Matt Sandler
Address: 1410 2nd St ste 300, Santa Monica, CA 90401
Telephone Number: (424) 272-9290
Email Address: firstname.lastname@example.org
“Chromatik” and other Chromatik graphics, logos, designs, page headers, button icons, scripts and service names are the trademarks or trade dress of Chromatik in the U.S. and other countries. You may not use Chromatik’s trademarks and trade dress, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that Chromatik endorses any product or service. You may not reproduce or use Chromatik’s trademarks or trade dress without the prior written permission of Chromatik.
- use automated scripts to collect information from or otherwise interact with the Service;
- impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
- upload, post, transmit, distribute or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
- upload, post, transmit, distribute, store or otherwise make publicly available on the Service any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- upload, post, transmit, distribute 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;
- upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
- use or attempt to use another’s account, service or system without authorization from Chromatik, or create a false identity on the Service;
- upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of Chromatik, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose Chromatik or its users to any harm or liability of any type.
Third Party Websites and Content
The Service may contain (or you may be sent through the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Service or any Third Party Content posted on, available through the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Chromatik. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Service or relating to any applications you use or install from such site.
Mobile Software License
You may not derive or attempt to derive the source code of all or any portion of the Mobile Software, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Mobile Software or any part thereof.
Chromatik and its licensors own and shall retain all intellectual property rights and other rights in and to the Mobile Software, and any changes, modifications or corrections thereto.
Chromatik is not responsible or liable in any manner for any User Content or Third Party Content displayed in connection with the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or distribute through the Service and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter through the Service or in connection with any User Content or Third Party Content. Chromatik is not responsible for the conduct, whether online or offline, of any User.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. Chromatik shall have no responsibility for any interruption, delay in operation or transmission, theft or destruction of, unauthorized access to, or alteration of, User communications or any other content made available via the Service. Under no circumstances will Chromatik be responsible for any personal injury or death resulting from the use of the Service, any User Content or Third Party Content.
THE SERVICE, INCLUDING ALL CONTENT THEREIN, IS PROVIDED “AS IS” AND CHROMATIK AND ITS SUPPLIERS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CHROMATIK CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, CHROMATIK DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, CONTENT OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation on Liability
IN NO EVENT WILL CHROMATIK OR ITS SUPPLIERS, OR THEIR DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR SUPPLIERS, BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF CHROMATIK IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CHROMATIK’S LIABILITY TO YOU OR ANY PART CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO CHROMATIK FOR THE SERVICE IN THE 12 MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Chromatik may modify the Service, and all content, software and other items used or contained in the Service, at any time. References on the Service to any companies, organizations, products, or services, or other information do not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Chromatik.
You may terminate your Chromatik account at any time by providing Chromatik with notice of termination in accordance with the instructions available through the Service. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Chromatik at any time after your termination of your account.
Governing Law; Arbitration
Last revised on