1. Incorporation of Terms and Conditions of Use of the WholeNote Website
The Terms and Conditions of Use for the Website
(the "Terms") are hereby incorporated by reference.
2. Other Terms and Conditions Governing WholeNote Members
In addition to the Terms and Conditions incorporated above, the following terms and conditions shall apply.
A. Member hereby warrants that any and all material transmitted by him/her to the Website, for use or access as described above, is his/her original creation, or if not his/her original creation, that he/she has obtained the requisite right(s) to the material, and/or to do the acts as described above in relation to the material.
B. If, subsequent to transmitting any materials, Member should become aware that any or any part of such material, or any use or transmission thereof, either violates or infringes upon the rights (including any intellectual property or other proprietary rights) of a third party, or know of circumstances that would reasonably indicate such violation or infringement, Member agrees to immediately inform WholeNote, and to defend, indemnify and hold harmless WholeNote from any third party claim that may arise, according to the indemnity provisions of this Agreement, including the Terms and Conditions of Use as incorporated.
C. Member hereby grants, and warrants that he/she has the right to grant, and WholeNote hereby reserves, the right to use, reproduce, edit, publish, adapt and distribute any material transmitted to it or posted by Member (including, without limitation, any part thereof or "snapshot" of such material), whether alone or in combination with other material. Such rights shall include, by way of example but without limitation, the right to reproduce material transmitted to WholeNote or posted by Member, on a public area of the website, and the right to alter or remove any material posted to the website for any reason within WholeNote's sole discretion (including, without limitation, inappropriate postings and contributions).
D. Member shall not use the Website for spamming. Spamming includes, but is not limited to (1) excessive and repeated publishing of off-topic lessons (2) excessive and repeated posting of off-topic messages to WholeNote discussion forums (3) email harassment of other WholeNote users, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive.
E. Member shall at all times provide WholeNote with accurate information, and shall comply immediately with any request by WholeNote for verification or other information. Member shall immediately notify WholeNote of any security breach in or unMemberized use of Member's Account. Member is responsible for all use of Member's Account and for ensuring that all use of Member's Account complies fully with the provisions of this Agreement. Member shall be responsible for protecting the confidentiality of Member's password(s). Member shall not interfere in any way with another Member's or other user's use of the WholeNote Service.
3. Termination of WholeNote Service
WholeNote shall have the right, at its sole discretion, to terminate any and all parts of the WholeNote Service provided to Member at any time, without notice. In addition, if WholeNote determines that Member has failed to comply with Sections 3 and 4 of the Terms and Conditions of Use (as incorporated into this Agreement) or Section 2 above, WholeNote may when appropriate, (1) facilitate criminal prosecution against Member by referring the matter to the appropriate legal Memberities, and/or (2) bring a civil action against Member, who shall be liable to WholeNote for any direct, indirect, special, incidental, or consequential damages incurred by WholeNote as a result of Member's prohibited activity under these Sections as mentioned herein. Termination of WholeNote Service may further result in Member being denied access to the Website, whether as Member or user, which may be for a limited or unlimited period, in WholeNote's sole discretion.
4. Termination of Member's Account
WholeNote shall have the right to immediately terminate this Agreement and, thereby Member's Account, in the event of any conduct by Member which WholeNote, in its sole discretion, considers to be unacceptable, or in the event of any breach by Member of this Agreement. Sections 5 and 7 of the Terms, and Sections 2(b), 2(c) and 3 of this Agreement shall survive termination of this Agreement. Notwithstanding any of the foregoing, any rights and/or licenses granted by Member to WholeNote regarding any material covered by this Agreement shall continue in full force and effect, after termination of either the WholeNote Service, Member's Account, and/or this Agreement.
I HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS MEMBER AGREEMENT, INCLUDING ANY TERMS AND CONDITIONS INCORPORATED BY REFERENCE WHICH MAY NOT HAVE BEEN DISPLAYED ON THIS PAGE OF THE WEBSITE. BY CLICKING THE "REGISTER" BUTTON ABOVE, I HEREBY ACCEPT ALL THESE TERMS AND CONDITIONS WITHOUT MODIFICATION.