Terms and Conditions
These terms and conditions outline the rules and regulations for
the use of MidiManager's Website (located at midimanager.net) and
MidiManager's Application.
By accessing this website we assume you accept these terms and
conditions. Do not continue to use MidiManager if you do not agree
to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions,
Privacy Statement and Disclaimer Notice and all Agreements:
"Client", "You" and "Your" refers to you, the person log on this
website and compliant to the Company’s terms and conditions. "The
Company", "Ourselves", "We", "Our" and "Us", refers to our
Company. "Party", "Parties", or "Us", refers to both the Client
and ourselves. All terms refer to the offer, acceptance and
consideration of payment necessary to undertake the process of our
assistance to the Client in the most appropriate manner for the
express purpose of meeting the Client’s needs in respect of
provision of the Company’s stated services, in accordance with and
subject to, prevailing law of Netherlands. Any use of the above
terminology or other words in the singular, plural, capitalization
and/or he/she or they, are taken as interchangeable and therefore
as referring to same.
License
Jitse ten Hove owns the intellectual property rights for all
material on MidiManager. All intellectual property rights are
reserved. You may access this from MidiManager for your own
personal use subjected to restrictions set in these terms and
conditions.
You must not:
• Republish material from MidiManager
• Sell, rent or sub-license material from MidiManager
• Reproduce, duplicate or copy material from MidiManager
• Redistribute content from MidiManager
Account termination
We may automatically suspend or close your Account and your
ability to use one or more Services or any portion of the Services
at any time in our sole discretion if:
- we have reasonable grounds to believe that you have breached
these Terms (Including the Code of Conduct) or any specific terms
relating to a Service;
- for any other reason in connection with your use or actions on
the Services or outside of it;
- your Account has been inactive for more than six months upon
notice.
If you have more than one Account, we reserve the right to suspend
or close any Accounts you have opened once one Account has been
suspended or closed under this procedure.
Consequences of Terminating/Suspending an Account
- You can no longer use the Services and Content.
- You will lose or we will delete your profile and the related
information you have submitted to us, along with any Content you
have published, uploaded or made available to the Services, in
particular your username, screen name(s).
- We do not have to allow you to create an Account again without
our express permission, in our sole discretion, for which you can
apply to jitse.midimanager@gmail.com.
- In the event that your Account is terminated, you will no longer
have access to your Account and you may lose all stored files.
- In the event of termination of your Account or any Service or
Services associated with your Account, no credit (e.g. for unused
Services, for an unused period) will be returned to you or
converted into cash or any other other form of refund.
Changing services
We do not guarantee that the Services will always be available, in
all locations worldwide and/or on all devices. We do not guarantee
that we will maintain any particular Service for any minimum
period of time. We reserve the right to terminate all or any
portion of the Services at any time.
We reserve the right to change the prices of the Services of the
Services, including changing a paid Service into a free-to-play
Service and vice versa.
We may change the Content at any time, for any reason or without
any specific reason, in particular for technical reasons such as
updates, maintenance or resets in order to improve or optimize the
Services.
Sanctions
We may impose these sanctions in case of violation of the Terms
and/or a Code of Conduct. The sanctions are decided on a
case-by-case basis, based on multiple criteria including but not
limited to the seriousness of the violation, the number of
violations and the impact of the violations on the Services, on
other Users and/or on our representatives.
Below is a non-exhaustive list of sanctions that we may impose:
1. Issuance of a warning,
2. Disabling a username, screen name, or password.
3. Remove Your Access to certain features for one or more
Services.
4. Issuance of a temporary exclusion of your Account from one or
more Services.
5. Issuance of a long-term exclusion from your Account from one or
more Services.
6. Denying access to one specific or multiple Services on a
particular device.
7. We may suspend or close your Account and your ability to use
one or more Services or any portion of the Services.
We may restrict your access to all or any part of the Services if
we suspect that you are behaving unlawfully within or outside the
Services.
In addition, we reserve the right to bring a lawsuit on the
grounds of civil or criminal liability to stop a breach of your
legal or contractual obligations and to obtain compensation for
our loss. In particular, we reserve the right to prosecute any
User who has intentionally damaged or attempted to damage the
Services or who has disrupted or cooperated with the lawful
operation of the Services.
We may request or provide you with the opportunity to download
software, updates, patches and/or other features and tools
provided by us or our licensors (hereinafter referred to as
"MidiManager Plans"). We grant you a personal, non-transferable
and non-exclusive license that enables you to use MidiManager
Plans solely for the purpose of using the Services, worldwide and
during the legal protection period of the MidiManager Plans under
Intellectual property rights. We may specify terms of use for
these MidiManager plans. The performance of the MidiManager Plans
and related Services may vary depending on your equipment. We may
from time to time provide you with updates or changes to the
Ubisoft Software that you require for continued use of the
Services.
We can also:
- determine a maximum number of days during which any Content will
be stored as part of the Services;
- determine a maximum memory capacity that can be assigned to your
Account by our servers;
- determine a maximum number of times that you can access the
Services, with a maximum duration for each access during a
specified period.
iFrames
Without prior approval and written permission, you may not create
frames around our Webpages that alter in any way the visual
presentation or appearance of our Website.
Content Liability
We shall not be hold responsible for any content that appears on
your Website. You agree to protect and defend us against all
claims that is rising on your Website. No link(s) should appear on
any Website that may be interpreted as libelous, obscene or
criminal, or which infringes, otherwise violates, or advocates the
infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any
particular link to our Website. You approve to immediately remove
all links to our Website upon request. We also reserve the right
to amen these terms and conditions and it’s linking policy at any
time. By continuously linking to our Website, you agree to be
bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any
reason, you are free to contact and inform us any moment at
jitse.midimanager@gmail.com. We will consider requests to remove
links but we are not obligated to or so or to respond to you
directly.
We do not ensure that the information on this website is correct,
we do not warrant its completeness or accuracy; nor do we promise
to ensure that the website remains available or that the material
on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all
representations, warranties and conditions relating to our website
and the use of this website. Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal
injury;
• limit or exclude our or your liability for fraud or fraudulent
misrepresentation;
• limit any of our or your liabilities in any way that is not
permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded
under applicable law.
The limitations and prohibitions of liability set in this Section
and elsewhere in this disclaimer: (a) are subject to the preceding
paragraph; and (b) govern all liabilities arising under the
disclaimer, including liabilities arising in contract, in tort and
for breach of statutory duty.
We are not be liable for any loss or damage of any nature.