Terms of Service

1. Description of the Service

PickBeat provides online music practice tools (such as a metronome, tuner, chord library, scale trainer and tab editor), a tablature/score editor, and a community forum where registered users may publish posts and share musical scores they have created. The Service is provided for personal, educational and non-commercial use unless we agree otherwise in writing.

2. Accounts

Some features require an account. You must provide accurate information, keep your credentials confidential and take responsibility for all activity under your account. You must notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.

3. User Content and Copyright Responsibility

The Service allows you to create, upload and share content, including tablature, scores, lyrics, melodies, posts and comments ("User Content"). You are solely responsible for the User Content you submit, publish or share, and for ensuring that you have all rights necessary to do so.

When sharing a score or tab to the community forum, you represent and warrant that the content falls into at least one of the following categories:

• it is entirely your own original composition or arrangement;
• it is a work in the public domain (and, where relevant, your arrangement of it is your own); or
• you have obtained all necessary permissions or licenses from the copyright owner(s) to share it.

You may not upload, publish or share copyrighted songs, lyrics, melodies, transcriptions or arrangements of third-party works without authorization from the rights holder. This includes tabs of commercial songs that you transcribed yourself if the underlying musical work is still protected by copyright. If you are unsure whether you have the right to share a piece, do not share it.

You retain ownership of your original User Content. By submitting User Content to the Service, you grant us a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, reproduce, display, perform and distribute that content solely as needed to operate, improve and promote the Service. This license ends when you delete your content, except for content already shared with or saved by other users and reasonable backup copies.

4. Our Role as a Hosting Platform

PickBeat acts as a hosting provider and neutral intermediary for User Content. We do not pre-screen, review, endorse or verify User Content before it is published, and we are not responsible or liable for any User Content, including content that may infringe copyright or other rights, or that is inaccurate, offensive or unlawful. Views expressed in User Content are those of the posting user alone.

We reserve the right (but have no obligation) to remove or disable access to any User Content at our discretion, including content that violates these Terms or applicable law, and to suspend or terminate the accounts of repeat infringers.

5. Copyright Complaints and Takedown

We respect the intellectual property rights of others. If you believe that content shared by a PickBeat user infringes your copyright, please contact us at langkeyweb@gmail.com and we will remove or disable access to the reported content.

To help us process your request quickly, please include:

• identification of the copyrighted work you claim has been infringed;
• the URL or exact location of the allegedly infringing content on PickBeat;
• your name and contact information;
• a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
• a statement that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.

We review all complete notices promptly and may terminate the accounts of users who repeatedly infringe the rights of others.

6. Prohibited Conduct

You agree not to:

• infringe the intellectual property, privacy or other rights of any third party;
• upload unlawful, defamatory, harassing, hateful or sexually explicit content;
• impersonate others or misrepresent your affiliation;
• distribute spam, malware or unsolicited advertising;
• scrape, crawl or bulk-download the Service or its content by automated means without permission;
• interfere with or disrupt the Service, its servers or security features; or
• use the Service for any unlawful purpose.

7. Our Intellectual Property

The Service itself, including its software, design, logos, text and original materials (excluding User Content), is owned by or licensed to us and protected by intellectual property laws. We grant you a limited, revocable, non-exclusive license to use the Service for its intended purpose. You may not copy, modify, reverse engineer or redistribute the Service except as permitted by law.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free or secure, that any content (including tabs, chords, tunings or practice data) is accurate or suitable for any purpose, or that defects will be corrected.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PICKBEAT AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, ANY USER CONTENT, OR ANY CONDUCT OF THIRD PARTIES ON THE SERVICE. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF FIFTY US DOLLARS (US$50) OR THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE MONTHS BEFORE THE CLAIM.

10. Indemnification

You agree to indemnify and hold harmless PickBeat and its operators from and against any claims, damages, losses and expenses (including reasonable legal fees) arising out of or related to your User Content, your use of the Service, or your violation of these Terms or of any third party's rights, including any copyright infringement claim relating to content you share.

11. Termination

You may stop using the Service at any time. We may suspend or terminate your access at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other users, us or third parties. Provisions that by their nature should survive termination (including Sections 3–5 and 8–10) shall survive.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and, for material changes, provide reasonable additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the jurisdiction in which the operator of the Service is established, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Service shall be brought before the competent courts of that jurisdiction, except where applicable consumer law gives you the right to bring claims elsewhere.

14. Contact Us

If you have any questions about these Terms, or wish to report infringing content, please contact us at langkeyweb@gmail.com.