TERMS OF USE 2015-09-11

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE


The following are terms of a legal Agreement between you and Infinite Music, LLC ("Infinite Music"). By accessing, browsing and/or using http://www.knownote.com ("KnowNote" or "Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and will comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. KnowNote is controlled and operated by Infinite Music from its offices within the United States.

IF YOU DO NOT AGREE TO THESE TERMS,

DO NOT USE THIS SITE!


The material provided on this Site is protected by law, including, but not limited to, United States Copyright and Trademark law and international treaties. Infinite Music makes no representation that materials in KnowNote are appropriate or available for use in other locations outside the United States, and access to them from jurisdictions territories where their contents are illegal is prohibited. Those who access KnowNote from other locations are doing so on their own initiative and are therefore responsible for compliance with applicable local laws. Your use of KnowNote is subject at all times to our Terms of Use. By using the KnowNote, you agree to all of the Terms of Use.

NOTICES: Except as it may apply relating to the KnowNote's Copyright Infringement Policy, any notices required or allowed shall be given to Infinite Music by postal mail to: 692 Sunny Stroll Drive, Middleburg, Florida 32068 or as to any other address that Infinite Music makes available on KnowNote.

Please carefully read each of the following:

  1. This Terms of Use ("Terms of Use").

  2. Privacy Policy

  3. Copyright Infringement Policy.

This Terms of Use governs only the content, features, and activities related to KnowNote. KnowNote may include access to virtual environments, games and other content, as well as downloadable software.

ACKNOWLEDGEMENT: Use of KnowNote acknowledges you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as Infinite Music's Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not agree with the Term of Use, you are not authorized to continue use of any part KnowNote. Infinite Music may revise and update Terms of Use at any time without notice by posting the amended terms to KnowNote. Your continued use of KnowNote means that you accept and agree to the revised Terms of Use. Your disagreement with the Terms of Use or dissatisfaction with KnowNote, leaves your sole and exclusive remedy to discontinue using this Site. It is your responsibility to regularly check KnowNote to determine if there have been changes to these Terms of Use and to review such changes. The words "use" and/or "using" in this Agreement mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of KnowNote and it cannot be modified, except as specifically described herein. All materials, products and postings are made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance KnowNote will be available for use, or that all products, features, functions or operations will be available or perform as described. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of KnowNote. You understand and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of KnowNote, including, without limitation, Postings and Materials associated with your use of the Site.

  1. OWNERSHIP OF INTELLECTUAL PROPERTY: All Content on KnowNote are either owned by KnowNote/Infinite Music or legally licensed by the respective rights holders. The contents of KnowNote, including all Site software and computer code, copyrights, trademarks, patents, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of KnowNote, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Infinite Music, and entities under its control, controlling Infinite Music or any of their successors and assigns, and any of their respective licensors, Advertisers, suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Product names are trademarks or registered trademarks of Infinite Music or respective third party licensors or owners. We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to police copyright infringement herein and to promptly end any infringement that might occur. If you believe that KnowNote contains elements that infringe your copyrights in your work, please contact us immediately. Please see Copyright Infringement Policy. Content shall include, but not be limited to the following:

    1. All licensed music that has been provided to KnowNote for use on KnowNote;

    2. All Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of KnowNote, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names are the property of Infinite and/or KnowNote, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties;

    3. Unless the context clearly requires otherwise or we explicitly say so in writing, the terms "Site, KnowNote and Content" includes KnowNote material as well.
      KnowNote is to be used solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and enjoyment and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on KnowNote, including notices on any material you download, transmit, display, print or reproduce from KnowNote. You shall not, nor will you allow any third party to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party any Content without our express prior written consent. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. On notice, we will act quickly to remove content on KnowNote that infringes our copyrights or copyright rights of others and will disable your access to KnowNote for anyone who repeatedly infringes.
      Infinite Music hereby grants you the limited right to access, view and use KnowNote only for the purposes of accessing, viewing or playing content, using the embedded link function, placing store orders or for accessing information, Applications and services. This license is limited to your personal and non-commercial uses and enjoyment. You agree not to reproduce, transmit, sell, or otherwise exploit KnowNote and/or Applications for any commercial purpose. Any rights not expressly granted to you herein are reserved to Infinite Music. Minors should seek consent of his or her legal guardian before using KnowNote. Infinite Music may offer you the ability to use certain applications, including without limitation, instant messages, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content available for download from the applications that are made available to you that are the either copyrighted work of Infinite Music, or properly licensed to Infinite Music for use on KnowNote. The use of each Application is governed by the end user license agreement ("EULA"). In the event that no EULA accompanies the Application, then only this Agreement shall govern your use of the Application. You may not download or use any Application from KnowNote without agreeing to the EULA, if any, and this Agreement. Certain Applications may be owned by third parties and distributed under a third party EULA and you agree that Infinite Music shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. Infinite Music may cease support of any Application at any time in its sole discretion or terminate your use of or access to any Application. Applications you use or download from KnowNote may contain third party digital rights management systems ("DRMS") which may allow for communication between your software and the third party and utilize security features. These DRMS are subject to their own license agreements and you agree that Infinite Music shall not be responsible for any loss or damage of any sort relating to or resulting from the use of the DRMS or your dealings with such third parties.

  2. REGISTRATION: You must register and create an Account with KnowNote.com in order to use KnowNote for free or, if you should so choose, to become a Subscription Member (your "Account"). To register on KnowNote for free use and/or to become a member, you must complete the registration process at KnowNote and read these terms of use and the associated Privacy Policy. All information collected will be subject to the Infinite Music's Privacy Policy.

    1. Id & Password. You will receive a specific ID and password to enable access to your account to manage your account.

    2. Secrecy Obligation. Once you have selected and been allocated a unique username, password and/or PIN or other appropriate security code ("Identifiers"), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access KnowNote. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify Infinite Music by sending an e-mail to support@knownote.com or log into your account and change your password, or new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Infinite Music. Without limiting the foregoing, any transactions made and accepted on KnowNote where your Identifiers have been used (and where you have not previously notified Infinite Music as provided herein) will be treated as valid.

    3. You May Register For Only One Account. You may register for only one account and such account shall be established only for yourself. You hereby acknowledge and agree that you shall not register more than one account. If it is determined that you have registered more than one account, then, in the event KnowNote has contests, sweepstakes or competitions, you acknowledge and agree that you shall not be eligible to win any prizes and you may be excluded from future use.

    4. Your Account Is Not Transferable. Under no circumstances, shall you allow or permit any other person or third party, or to use your account or your Identifiers in such a way that may breach the laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident..

    5. If you are registered to use the Site, your account will remain active. If you wish to discontinue use of the site, you should no longer log into your account. You may deactivate your account by sending an email to support@knownote.com.

  3. MODIFICATIONS: As stated in the preamble herein, we reserve the right, at any time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on KnowNote and/or notify you upon login about these changes. Once posted on KnowNote, the changes become effective immediately and your use KnowNote after they become effective will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to the Copyright Infringement Policy, Privacy Policy and other rules as we in our sole discretion may implement, so you are aware of the most current rights and obligations that apply to you.

  4. ADVERTISING: In order for KnowNote to keep your user experience cost efficient, KnowNote allows advertising presence within the Site. As a result of your use of KnowNote, from time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties such as our advertisers, sponsors, or promotional partner (collectively, the "Advertisers"). Your access of the unaffiliated websites is at your own risk, and we do not verify, endorse or have any responsibility for the content of any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such third party websites, whether KnowNote's, Infinite Music's, or any of its Affiliates' logo or sponsorship identification is on the third party sites as part of a co-branding or promotional arrangement or for any loss or damage incurred in connection with your use of such links, hyperlinks and sites. If any third party sites obtain or collect personal information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how Infinite Music collects and uses your Personal Information and other information and certain of our relationships. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser). Our Privacy Policy may be different from that used by Advertisers and you should therefore review our Privacy Policy and that of all Advertisers with whom you communicate, interact and participate.

  5. RULES OF CONDUCT: Obviously, your use of KnowNote is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. As aforementioned, you are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use KnowNote or knowingly condone use of KnowNote by others, in any manner that may:

    1. be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or

    2. impersonate or appear to impersonate anyone else; or

    3. affect us adversely or reflect negatively on us, our goodwill, our employees or moderators, our name or reputation, or

    4. cause duress, distress or discomfort to us or anyone else, or

    5. discourage any person, firm or enterprise from using all or any portion, features or functions of KnowNote, or from advertising, linking or becoming a supplier to us in connection with KnowNote; or

    6. send, cause to be sent, passively allow to be sent or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid scheme, or so-called "spamming" and "phishing", or encourage other users to copy a message; be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; or

    7. transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information, or link to any web site which promotes or teaches these actions; or

    8. create a false identity for the purpose of misleading others (including the creation of alternate accounts) or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason; or

    9. disrupt the normal flow of forums, communities, chat boards, etc. with an excessive number of messages (i.e. flooding attack) or that otherwise negatively affects other users' ability to participate in Communities; or

    10. contact anyone who has asked not to be contacted "stalk" or otherwise harass anyone; or

    11. violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the KnowNote, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to KnowNote or to use KnowNote in any manner which violates or is inconsistent with the terms and conditions of this Agreement; or

    12. modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of KnowNote by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of KnowNote, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so; or

    13. embed a link on or within any illegal or inappropriate site, including but not limited to any site that is indecent, obscene or pornographic or that is determined to be otherwise objectionable in Infinite Music sole and absolute discretion. Infinite Music reserves the right to disable embedded links at any time without notice; or

    14. "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site; alter or modify any content on the Site; or gain unauthorized access to any portion of the Site.

    As a condition of access to KnowNote, you release Infinite Music (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages of every kind and nature arising out of or in any way connected with any dispute you may have with any other user of KnowNote. Infinite Music will have the right but not the obligation to resolve disputes between users relating to use of KnowNote, and to the extent that it elects to resolve such disputes, the Company will do so in good faith based on the general rules and standards of Infinite Music and KnowNote. You release the Infinite Music (and its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, suppliers, third party information providers, licensors, licensees, distributors and contractors) from claims, demand and damages of every kind and nature arising out of or in any way connected with the Company's resolution of such disputes.

  6. CONTESTS, SWEEPSTAKES, AND PROMOTIONS: Infinite Music may conduct promotions through KnowNote, including, without limitation, contests and sweepstakes ("Promotions"). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion. Such Additional Terms shall be deemed incorporated into this Agreement.

  7. DISCLAIMERS:

    1. We expressly disclaim any and all liability arising from or relating in any way to any and all products.

    2. We expressly disclaim all representations and warranties of any and every kind, express or implied, with respect to any and all products, including, but not limited to, any warranty of merchantability or of fitness for a particular purpose.

    3. You understand and agree that, to the fullest extent permissible by law, KnowNote, Infinite Music, any of their affiliates, or their respective successors and assigns, or any of their respective officers, directors, employees, agents, representatives, licensors, operational service providers, advertisers, or suppliers, shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of KnowNote or from this Agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

    4. You agree that your sole remedy for any breach of these terms by Infinite Music its parent companies or any of their affiliates or agents shall be a refund of the amount that you paid to Infinite Music.

    5. You agree that the damage exclusions in these terms shall apply even if any remedy fails.

    6. You assume all risks that KnowNote, content, user materials, applications, and related information are suitable or accurate for your needs and will be uninterrupted, timely, secure or error-free.

    7. Any Applications downloaded or otherwise obtained through KnowNote are at your own discretion and risk and you are solely responsible for any damage to your computer or loss of data.

    8. By participating in multi-player experiences or visiting chat rooms you may be exposed to rude, crude, indecent, or other offensive language or references. You agree that Infinite Music shall not be responsible for any loss or damage of any sort relating to your dealings with any third party advertiser or content provider on the site.

  8. INDEMNIFICATION: You agree to indemnify, defend and hold KnowNote, Infinite Music and any of its Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from your use of KnowNote, any breach or violation of this Agreement by you, or your Postings. Infinite Music reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Infinite Music in the defense of any such claim, action, settlement or compromise negotiations, as requested by Infinite Music.

  9. PRIVACY: We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

  10. LAWS, JURISDICTION, VENUE: KnowNote is controlled and operated by Infinite Music from its offices within the State of Florida, United States of America. Infinite Music makes no representation that KnowNote, Applications, or related information offered by Infinite Music are appropriate or available in other locations. Those who choose to access KnowNote from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement and your use of KnowNote are governed by, construed and enforced in accordance with the internal substantive laws of the State of Florida (notwithstanding the State's conflict of laws' provisions) applicable to contracts made, executed and wholly performed in Florida, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State of Florida and County of Alachua and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. We make no representation that information on KnowNote is appropriate or available for use outside the United States. Those who choose to access KnowNote from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of KnowNote, regardless of form or the basis of the claim, may be brought by you more than one (1) year after after such claim or cause of action arises or such claim shall be forever barred.

  11. MISCELLANEOUS: You agree that this Agreement and all incorporated agreements may be automatically assigned by Infinite Music, in its sole discretion, to a third party in the event of a merger or acquisition.

    1. Infinite Music's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Failure to enforce in one or more instances any of these terms shall not be construed as a waiver of the future performance of any term. The failure of Infinite Music to require or enforce strict performance by you of any provision of this Agreement, the Privacy Policy or Copyright Infringement Policy, or failure to exercise any right thereunder, shall not be construed as a waiver of Infinite Music's right to assert or rely upon any such provision or right in that or any other instance. The express waiver by Infinite Music of any provision, condition or requirement of this Agreement, the Privacy Policy or Copyright Infringement Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as set forth in this Agreement, no consents or waivers or other acts or omissions by Infinite Music shall be deemed a modification of this Agreement, the Privacy Policy or Copyright Infringement Policy.

    2. Unless otherwise specified herein, this Agreement constitutes the entire Agreement between you and Infinite Music with respect to KnowNote and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Infinite Music with respect to KnowNote. If any part of these terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

    3. You agree that these Terms of Use are not intended to confer and do not confer any rights or remedies upon any person other than the parties to this Agreement. You also understand and agree that the Infinite Music Terms of Use, including Infinite Music's enforcement of the Terms of Use, are not intended to confer, and do not confer, any rights or remedies upon any person.


This Terms of Use Agreement was last modified on the date indicated above and is effective immediately.