MANOKE USER TERMS AND CONDITIONS


This Manoke (“Platform”) End User Agreement and Privacy Policy (the “Agreement” or “Terms”) set out the terms of usage of the Platform and ensuing services, content, applications, products and tools (collectively "Service" and “Content”). The Platform has been developed to provide information for Educational purposes to the general public. Please read and understand these terms and conditions carefully before using this Platform. Though all efforts have been made to ensure the accuracy of the content on this Platform, the same should not be construed as a statement of law or used for any legal purposes.

Your use of the Platform and Services will be through the Manoke App (“App”) available on Google Play Store and Apple App Store. By using this Platform and App owned, hosted or maintained by Manoke, you, the user, are deemed to have read, understood, and agreed to comply with the following terms and conditions of use, which is a legally binding agreement between you and Manoke, and any modifications hereto from time to time. These Terms govern your use of the Platform, Services, and App. For the purpose of these Terms, wherever the context so requires “you” or “your” or “user” or “customer” shall mean any natural or legal person who is a Registered User on the Platform.

1. MANOKE INFORMATION

Manoke Inc is a Delaware incorporated company, having its principal place of business at 590 Madison Avenue, Suite 2231, New York NY 10022. “Manoke” is a registered trademark of Manoke INC. Manoke Inc is the owner of all musical content available on the Platform.

2. PLATFORM AND SERVICES

The Platform provides music notation in the form of scores and tablatures for various music genres in a limited manner.

3. TERMS OF USE

Your use of this Platform and Services provided is subject to the following terms of use:

A. The content of this Platform is for your general information and educational use only. It is subject to change without notice. Unauthorized use of this Platform may give rise to a claim for damages and/or be a criminal offence.

B. Manoke is the owner of the Content available on the Platform. The contents relating to music and all derivative works are works that are all owned by Manoke.

C. By using the Platform, you consent to receive communications, notices and information from us electronically, whether sent by email, or other electronic means. Electronic communications shall be deemed to have been received by you when we send the electronic communication to your primary destination of choice or when we post the electronic communication on the Platform.

D. Any violation of these Terms of Use may result in legal liability upon you. Nothing in these Terms of Use should be construed to confer any rights to any third party or any other person. Your use of the Platform means you are consenting to this agreement.

E. The information contained in this Platform should not be viewed as an offer to sell or as a solicitation to purchase any of our Services. The services and information provided through this platform should not be commercially reproduced or used by a User of the Platform for any financial gain and should be used solely for your individual educational purposes only.

F. You acknowledge and agree that nothing in these Terms shall have the effect of transferring the ownership of any copyrights, trademarks, service marks, trade names or other proprietary rights in Platform or any part thereof to you or any third party.

4. PROHIBITED USE

As a condition of your use of the Platform, you will not use the Platform for any purpose that is unlawful, commercial or prohibited by these Terms or by any domestic or international laws, statutes, ordinances and regulations. Your use of Platform is your responsibility and you must not use the Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Manoke, are responsible for all electronic communication and content sent from your computers and mobile devices.

You agree not to take any action that might compromise the security of the Platform, render the Platform inaccessible to others or otherwise cause damage to the Platform or the content therein. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Platform in any manner that might interfere with the rights of third parties.

You agree that you are prohibited from:

A. copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Service or the Content, or otherwise making any use of the Manoke Service or the Content which is not expressly permitted under the Agreement or applicable law or which otherwise infringes the intellectual property rights in the Service or the Content or any part of it;

B. using the Platform in performing for commercial purposes in live or recorded sessions;

C. using the Service to import or copy any local files you do not have the legal right to import or copy in this way;

D. transferring copies of cached Content from an authorized Device to any other Device via any means;

E. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Service, Content or any part thereof unless permitted by applicable law;

F. circumventing any technology used by Manoke, its licensors, or any third party to protect the Content or the Service;

G. selling, renting, sublicensing or leasing of any part of the Service or the Content;

H. circumventing any territorial restrictions applied by Manoke or it licensors;

I. removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the Manoke Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

J. providing your password to any other person or using any other person’s username and password;

K. accessing, monitoring or copying any content or information of the Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission.

5. INTELLECTUAL PROPERTY

As between Manoke and you, Manoke is the sole owner of all Content on the Platform including, without limitation, all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto.

Except as stated herein, no part of the Content of this Platform may be copied, reproduced, modified, transmitted, or otherwise used in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Manoke.

Manoke logos are trademarks and/or service marks of Manoke. Nothing contained in the Platform should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of Manoke.

Other names, company names, brand names, registered and unregistered trademarks or service marks and logos ("the Marks") are the property of their respective holders. Nothing contained in the Platform should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such user.

6. USER REGISTRATION

When registering as a User, you agree to a) provide true, accurate, correct and complete information as prompted by the applicable registration form b) maintain and update true, accurate, correct and complete information provided by you during the registration process. You may be required to choose a password and login ID. You are solely responsible for maintaining the confidentiality of your password and account.

If at any time Manoke believes that your account and password is being misused in any manner, or that the information provided by you during the registration process is not true, inaccurate or incomplete Manoke reserves the right to cancel your account and block your access to Platform.

You are entirely responsible for any and all activities that occur under your account. You agree to notify Manoke of any unauthorized use of your account or any breach of security. Manoke will not be liable for any loss that you may incur as a result of someone else using your password or account or your failure to comply with this section.

You are entirely responsible for all the use of services provided by the Platform of Manoke through your account and Manoke will not be liable and will not indemnify for any loss that you may incur by either using the services or acting upon any information provided by the services either directly or indirectly or by any other means.

7. ADVERTISING MATERIAL

Some part of the Platform may contain advertising information or promotion material or other material submitted to Manoke by third parties. Responsibility for ensuring that the material submitted for inclusion on Platform complies with applicable law is exclusively on the party providing the information/material. Your correspondence or business dealings, or participation in promotions of advertisers, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Manoke will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform. Manoke reserves the right to omit, suspend or change the position of any advertising material submitted for insertion.

8. PRIVACY POLICY

This Platform’s Privacy Policy governs our collection, use, and disclosure of your personal information and is fully available at http://www.manoke.com/privacy and is subject to changes in the future. Please read it carefully and upon registration, you explicitly consent to our Privacy Policy.

9. APPLICABLE LAW

This Agreement shall be governed by and interpreted and construed in accordance with the laws of the State of New York without regard to the principles of conflicts of laws.. Jurisdiction of venue for all purposes shall be in New York County, State of New York. Both parties agree to settle all claims, by Arbitration, in accordance with the rules of the American Arbitration Association.

The usage of the Content may be specifically governed by the laws of specific domestic and international jurisdictions. At the time of the writing of these Terms and Conditions, such usage of Content is restricted to non-commercial demonstration and education use, as specified in Section 3 and Section 4 of this Agreement, under the provisions of Indian law, irrespective of the location or jurisdiction of residence of the User

10. DISCLAIMER OF WARRANTIES

MANOKE MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE PLATFORM MATERIALS AND CONTENT. MANOKE PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE TERMS OF USE WITHOUT NOTICE. FURTHER, MANOKE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE PLATFORM. MANOKE SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE PLATFORM. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS PLATFORM.

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS PLATFORM (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

Manoke does not warrant or guarantee: (i) that any portion of the Platform will be free of infection by viruses, worms, Trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the Platform will be uninterrupted or error-free. Also, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or introduction of new facilities or Services at any time without prior notice.

11. ENTIRE AGREEMENT

The Terms and Privacy Policy, as amended from time to time, constitute the entire agreement between you and Manoke. If any provision of these Terms is considered unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

12. LIMITATION OF LIABILITY

Use of the Manoke Platform is at your sole risk. While Manoke makes reasonable efforts to ensure the safety and functionality of our Platform, these efforts may fail and errors may occur.

IN NO EVENT SHALL MANOKE OR ANY OTHER PARTY FOR ANY CONTENT CREATION, PRODUCTION, OR DELIVERY OF THE CONTENT OF THIS PLATFORM BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS PLATFORM (OR THE CONTENT PROVIDED ON THIS PLATFORM OR ANY PLATFORM RELATED TO ANY THIRD PARTY), OR USERS' INABILITY TO USE THE CONTENT CONTAINED IN THIS PLATFORM (OR ANY OTHER PLATFORM), ON ANY THEORY OF LIABILITY. MANOKEWILL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR RELIANCE ON THE CONTENT OF THIS PLATFORM. THESE WAIVERS APPLY EVEN IF MANOKE HAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MANOKE HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE).

THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE TERMS AND CONDITIONS FAILS ITS ESSENTIAL PURPOSE.

13. INDEMNIFICATION 

You agree to defend, indemnify, and hold harmless Manoke and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys' fees and costs, that arise from your use or misuse of this Platform, without limitation, any actual or threatened suit, demand, or claim made against Manoke arising out of or relating to the User Content, your conduct, your violation of these Terms, or your violation of the rights of any third party.

14. TERMINATION 

Manoke shall have the right to immediately terminate this agreement with you if your use of the Platform has breached any of these Terms or you have been engaged in conduct which Manoke determines in its sole discretion to be unacceptable. Upon termination or expiration of the Terms of Use, your obligations and Manoke’s rights and disclaimers shall survive, but your right to use the Platform will cease immediately. Any express waiver or failure to exercise any right under the Terms will not create a continuing waiver or any expectation of non-enforcement.

15. GENERAL TERMS

A. Force Majeure: In no event shall Manoke be liable for any acts beyond its control or for any acts of God.

B. Modification of Services: We reserve the right to modify or discontinue (completely or in part) our Platform, Services, or any content appearing therein. We will not be liable to you or any third party if we exercise this right.

C. No Waiver: Manoke’s failure to exercise or enforce any right or provision of these Terms will not be deemed to be a waiver of such right or provision.

D. No Third-Party Beneficiaries or Rights: These Terms do not create any private right of action on the part of any third party or any reasonable expectation that the Platform or services will not contain any content that is prohibited by these Terms.

E. Complaints: In the event you have any complaint(s) pertaining to our Services provided through this Platform, please feel free to write us at our Contact Page by providing your name, email address, physical address and contact numbers so that we may be in a position to verify details or check the authenticity of the complaints.

F. Assignment: You may not assign or otherwise transfer your rights or obligations under these Terms. We may assign our rights and duties under these Terms without any such assignment being considered a change to the Terms of Use and without any notice to you.

G. Notices: Any notices or other communications that you wish to send to us may be addressed to the registered office.

H. We reserve the right to make changes to our Platform, policies, and these Terms at any time. If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

I. Feedback and Contact: We welcome feedback, comments and suggestions for improvements to the Services ("Feedback"). You can submit feedback and contact us by writing to us at Manoke Inc, 590 Madison Avenue, Suite 2231, New York NY 10022