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Consumer terms & conditions

Effective as of Feb. 1, 2016

Please read the following terms of use carefully before using this website.

The following describes the terms of use that Piano, Inc. (“Piano,” “we,” “our,” or “us”) require all our visitors to follow when using this Site and purchasing Publisher Services (as defined below) through the Piano Service. In these Terms of Use, the phrase “this Site” refers to our web site located at www.piano.io, and the phrase “Piano Service” refers to the service offered at this Site that enables users to pay for Publisher Services (as defined below).

Piano Beta. The Piano Service is currently offered as a public beta. While we will make efforts to ensure that the Piano Service is stable and provided in an error-free fashion, certain technical issues may appear from time to time. File security and access cannot be guaranteed.

Introduction

By using this Site, you agree to be bound by these Terms of Use. Please do not use this Site if you do not agree with these Terms of Use. We may change these Terms of Use at any time. Your continued use of this Site following the posting of changes will mean that you accept and agree to the changes. Note that special terms apply to some services offered on this Site, such as the use of Active Balance Debit Plans to purchase Publisher Services and automatic replenishment of your Active Balance Debit Plan. Active Balance Debit Plans are nonrefundable and have a twelve month expiration date, so be sure to use them in that timeframe. Any such terms are in addition to these Terms of Use, and in the event of a conflict, prevail over these Terms of Use. The Piano Service is not a money transfer service.

Use of This Site

Piano grants you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access and use the Piano Service as it is intended to be used and in accordance with these Terms of Use and applicable law. We grant you no other rights, implied or otherwise.

You may not use this Site or the Piano Service for any unlawful purpose, or for any other purpose that is prohibited by these Terms of Use. You agree to comply with all local laws in your jurisdiction, including but not limited to laws regarding online conduct, payment of taxes, acceptable content and intellectual property.

Links To Third Party Web Sites

This Site may contain links to other affiliated or independent third-party websites (“Linked Sites”), including sites of Publishers. These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse or make any representations with respect to the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Linking and Framing

You may not frame this Site within another web site without our prior written permission.

Authority

This Site is intended for adults only. By accessing, downloading content or information from, and/or otherwise using this Site, you (a) certify that you are at least 18 years of age and (b) have read and agree to be legally bound by these Terms of Use. In accordance with Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age. Please see our privacy policy [insert link to Privacy Policy], which is hereby incorporated herein by reference, for additional information or for how to notify us of any concerns you may have in this regard.

Intellectual property rights in the site

This Site contains various information in the form of data, text, graphics, and other materials from Piano and third parties (the “Content”). The Piano Service enables you to pay for content, and/or data, text, graphics, and other materials (“Publisher Services”) offered or made available at, or otherwise enabled by, third party publishers’ web sites (and their constituent pages) (the “Publisher Sites”), for the benefit of the user, for which Publisher charges a fee to such user.

You acknowledge that this Site and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. You also acknowledge that the Content and the Publisher Services are and shall remain the property of Piano or its licensors. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. Except as provided below, you may not modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content and/or Publisher Services, in whole or in part. However, you may print a single copy of the Content for your own personal use, provided that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Publisher Services may only be used as permitted by the Publisher.

Paying for publisher services

Piano allows you to pay for Publisher Services using a variety of quick and convenient online methods, such as PayPal, major credit cards, and a Piano user account (“Piano Transactions”). Such payments may not be directly processed by Piano, and you will need to independently establish an account with the online payment service of your choosing before purchasing Publisher Services through the Piano Service. We encourage you to fully review the terms of use and privacy policies under which such services are offered before selecting an online payment option. If you choose to pay for Publisher Services on a one-time-transaction (e.g., a la carte) basis, you will be required to provide payment information (e.g., PayPal account information) that can be used to complete the purchase. Such funds will be debited from your account contemporaneously with your purchase. Should you choose to establish a Piano user account, after providing the payment information outlined above, Piano will debit these funds as necessary and as authorized from the third party processor of your choosing. Please be aware that funds transferred to your Piano account may take several days to reflect in your third party payment processing service and Piano may not have any control over this reporting.

Copyright complaints

If you believe that any Content on this Site violates your or a third party’s copyright, please notify us by providing the following information to COPYRIGHT VIOLATIONS at [email protected]: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on this Site; (4) your address, telephone number and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.

Violation of these terms of use — termination

You agree that Piano may, in its sole discretion and without prior notice, terminate your access to this Site and/or the Piano Service and/or block your future access to this Site and/or the Piano Service if it determines that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Service. Please note that it is Piano’s policy to suspend or terminate the account of users who repeatedly violate the copyrights of third parties.

Disclaimer

Piano does not and cannot review all Publisher Services, and is not in any manner responsible for such Publisher Services. Each Publisher Service is owned by its respective Publisher. You acknowledge that by providing you with the ability to view and purchase the Publisher Services, Piano is not undertaking any obligation or liability relating to the Publisher Services. However, Piano reserves the right to block or remove content or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another or (d) offensive or otherwise unacceptable to Piano in its sole discretion.

By using this Site, you acknowledge and agree that Piano does not guarantee access to and/or hosting of Publisher Services that are provided through the Piano Service. For example, if any Publisher Services violates these Terms of Use, access to such services may be disabled. Also, if a particular Publisher Service creates too large a demand on the Piano Service, it may result in access to the Publisher Service being temporarily or permanently disabled. Piano may halt, suspend, discontinue, or reverse any transaction using the Piano Service in cases of actual or suspected fraud, violations of applicable laws or regulations, or deliberate disruptions to or interference with the Piano Service.

This Site and the Content and other materials and products on this Site are provided on an “as is” and “as available” basis without warranties of any kind, whether expressed or implied, and use of this Site is at your sole risk. Neither Piano nor any of our affiliates make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Neither Piano nor any of our affiliates assumes any responsibility for the accuracy of any information contained on this Site, for any interruptions or errors in accessing this Site, or for any viruses or other harmful components contained on this Site or the server from which this Site is made available.

Piano and its subsidiaries, directors, officers, employees, stockholders, and licensors (collectively, the “Piano affiliates”) expressly disclaim all representations, warranties, and conditions of any kind with respect to this site or the content offered through this site, whether express or implied, including, but not limited to, the implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, title or any warranty or condition arising by usage of trade, course of dealing or course of performance.

Any material, information, or data downloaded, viewed, shared, or otherwise accessed through the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that result from the downloading, viewing, sharing, or otherwise accessing of such material. No advice, representation or information, whether oral or written, obtained by you from Piano or through this site shall create any warranty not expressly stated in these terms of use.

Limitation of liability

You expressly understand and agree that under no circumstances will Piano, the Piano affiliates, or any of their respective officers, directors, members, managers, employees, agents, suppliers or successors be liable to any person for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages relating to the content offered on this site or resulting from access to or other use of this site or reliance on any information presented on this site, even if such Piano affiliate is informed in advance of the possibility of such damages and not withstanding any failure of essential purpose of any limited remedy. This includes, but is not limited to, any loss of profits or revenues, any loss of goodwill or business reputation, any loss of data or information, loss of use of this site, business interruption, costs of substitute services, or downtime costs. some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. The Piano affiliates’ liability under these terms of use will be limited to the lesser of: (I) fifty dollars ($50); (II) the dollar value of all Piano transactions you initiate within the six-month period prior to the date the first claim arose. To the extent the limitations above are not allowed by applicable law, Piano affiliates’ liability under these terms of use will be limited to the greatest extent permitted by law.

Indemnification

You will indemnify and hold the Piano Affiliates and each of their officers, directors, members, managers, employees, agents, affiliates, suppliers, successors and assignees harmless from and against any and all losses, damages, judgments, liabilities and costs (including reasonable attorneys’ fees) incurred by any Piano Affiliates in connection with any claim arising out of, based on, or in connection with your access to or other use of this Site. Piano reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

General terms

Entire Agreement

These Terms of Use constitute the whole agreement between you and Piano with respect to this Site and the Piano Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this Site and the Piano Service. If you are a Publisher, then the terms of the Piano Publisher Agreement will govern your relationship with Piano, to the extent the terms of these Terms of Use conflict with the Piano Publisher Agreement.

Governing Law

You agree that all matters relating to your access to or use of the Site and/or the Piano Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the exclusive personal jurisdiction by and exclusive venue in the State and Federal courts in New York County, New York for all disputes arising out of your use of the Site, the Content and these Terms of Use, and waive any objection to such jurisdiction or venue.

Statute Of Limitations

You agree that, regardless of any statute or law to the contrary, any claim you may have under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.

Severability

If any portion of these Terms of Use is held to be illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid, or unenforceable any other provision of these terms of use, and that provision and these Terms of Use generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties expressed in these Terms of Use.

Notices

Piano may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings to the Site. If you have general questions or concerns regarding these Terms of Use, please contact us in writing at support[email protected] or via U.S. Mail at 105 Hudson Street, Suite 401, New York, NY 10013.

Force Majeure

Piano Affiliates shall not be liable for any failure or delay in performance under this Agreement which might be due to strikes, shortages, riots, insurrection, fires, flood, storm, explosion, acts of God, war, government action, inability to obtain delivery of parts, supplies or labor, labor conditions, earthquakes, acts of terrorism, or any other cause which is beyond the reasonable control of such party (“Force Majeure Events”).

Assignment

You may not assign or otherwise transfer any of your rights or obligations under these Terms of Use without the prior written consent of Piano. Piano may assign these Terms of Use, in whole or in part, to any third party, without notice to or consent from you. Any purported or attempted assignment or other transfer or delegation in violation of this Section shall be null and void.