Terms of Use

Terms of Use – ScoreCloud

1. General

The following provisions shall apply between DoReMIR Music Research AB, Beckbrännarbacken 6, 116 35 Stockholm, Sweden, org. nr. 556751-6355 (“DoReMIR”), and you, as a user of the DoReMIR’s platform ScoreCloud (“User”).

2. Definitions

User – Companies, organizations and individuals that could be a user accessing the Platform or a user holding a User Account.

User Account – The Platform log on account which is created by the User.

Material – Material which is published by the User on the Platform, including but not limited to texts, images and sound recordings.

Services – All of or parts of the Platform Services that DoReMIR from time to time offers its User.

Partner – A collaboration partner to DoReMIR offering services to the Platform and its Users.

Platform – DoReMIR’s platform website currently named ScoreCloud, including all its subpages. The current URL is found through www.scorecloud.com.

3. Information regarding the Services

3.1. DoReMIR offers an opportunity for the Users to utilize a variety of Platform Services. The form and nature of these Services might be extended or reduced in the future. Information regarding the form and nature of the Services will be updated regularly on the Platform.

3.2. The Services are provided either directly by DoReMIR or by DoReMIR in cooperation with a sub-contractor or Partner.

3.3. The Services are normally available 24 hours; however eventual errors or defaults will be resolved during office hours only.

3.4. DoReMIR may from time to time modify the form and nature of the Services, parts of the Services or additional Services without prior notice. If the User does not accept the proposed modification or amendment, the User may terminate his/her Platform User Account with 30 days of written notice. The User may also terminate his/her User Account for any reason at the end of payment period. See section 11 below.

4. User Accounts

4.1. In order to prevent any unauthorized activity under the User Account, the User shall maintain confidentiality of account details such as user ID, passwords and other important information provided by DoReMIR in relation to the User Account.

4.2. The minimum age for opening a Platform User Account is 18 years of age, unless parental consent is obtained. Regarding students enrolled in educational facilities who are under the age of 18, the educational facility shall ensure that these provisions are met. DoReMIR reserves the right to determine whether these provisions are met.

4.3. If DoReMIR suspects that someone unauthorized has obtained or may obtain access to a User Account password, DoReMIR may disable access to such User Account. DoReMIR may also disable access to a User Account when it is suspected that the User has violated any provisions of the Terms of Use or other DoReMIR guidelines.

4.4. The User is solely responsible for any Material that the User transmits while using the Services.

5. User Support

5.1. DoReMIR provides documentation, FAQs and other resources through its application and Platform in order to support the User.

5.2. DoReMIR is in no event liable for improper functioning in regards to the Services. The User is not entitled to any compensation or sanction if such improper functioning occurs. However, DoReMIR does strive to keep the Services as error-free as possible.

5.3. If the User discovers default or disorder in relation to the Services, the User is required to notify support@doremir.com without delay.

6. The use of the Services and the User’s liability

6.1. The User may use the Services only for such purposes that are permitted by applicable law or regulation. The User undertakes to comply with DoReMIR’s from time to time applicable guidelines and Terms of Use. The User may not use the Services in a way that causes DoReMIR or other third party harm. If a User becomes aware of the Services being used in violation of these provisions, the User shall, if possible, immediately terminate such use and inform DoReMIR of the violation.

6.2. In relation to DoReMIR and DoReMIR’s Partners, the User is the sole responsible party for all information communicated or transmitted through the Services and the User Account. Information means for example text, pictures, sounds, data, video and links.

6.3. The User is not permitted to assign or otherwise transfer his/her rights and obligations under these Terms of Use.

6.4. The User specifically agrees not to communicate or publish information that infringes or violates someone else’s right (copyright, trademark or other intellectual property right), that may violate the integrity of, intimidate or offend another person, that may challenge criminal actions or contain material not permitted by any applicable law or regulation (for example discrimination, racial agitation). The User may not use any part of the Services for sending unwanted bulk mail or unrequested marketing e-mails (junk mail) or conduct another automated process service other than services provided by DoReMIR for enabling use of the Platform Services.

6.5. The User is responsible for not infringing DoReMIR’s or third party’s copyright or other intellectual property right.

6.6. The User shall indemnify and hold harmless DoReMIR from any direct or indirect claim made by a third party arising out of Users’ use of the Platform Services. This means that if a User or someone acting on the User’s behalf should cause DoReMIR’s clients or a third party damage, User shall indemnify and hold harmless DoReMIR from any such claim.

6.7. DoReMIR reserves the right to without prior notice and without compensation, remove any material that DoReMIR finds obscene, contains inappropriate material and/or in any other way should violate the Terms of Use, Swedish law and/or infringes someone else’s intellectual property rights. DoReMIR reserves the right to immediately terminate the User Account or the Services in accordance with the provisions above, without liability for any damages in relation to the User.

7. The liabilities of DoReMIR

7.1. DoReMIR is not responsible for content in or access to User Accounts or linked content. By providing access to the Platform Services, DoReMIR is not responsible intellectual property infringement.

7.2. The User is aware of the fact and accepts that system down time, system disruption and system disorders in relation to DoReMIR data systems or data networks might occur from time to time. The User is further made aware that the Service quality is affected by the quality of networks, Internet suppliers and third party’s server and data performances. DoReMIR does not warrant or guarantee certain accessibility in regards to the Services.

7.3. The User is in no event entitled to compensation due to defaults or improper functioning of the Services.

7.4 Except as expressly set forth in this agreement, all information, materials, software or services are provided by DoReMIR and its Partners on an “as is” basis and DoReMIR and its Partners expressly disclaim any and all express, implied or statutory warranties with respect to the Platform Services, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, or results to be obtained by Users in connection with the use of the Platform Services.

7.5. DoReMIR’s aggregate liability with respect to the Services shall be limited to damage of property and not exceed the aggregate subscription fee paid by User during the year the damage was incurred to User. DoReMIR is not liable for any indirect losses or indirect damage such as loss of profit, loss of savings, loss of potential agreements, deficiency in telecommunication and data communication, the quality of the networks, operations by Internet service providers, third party’s servers, data performance and loss of data. DoReMIR is in no event liable for the User’s or someone else’s loss or damage, no matter how the claim arose.

8. Rights

8.1. All intellectual property rights such as copyrights, trademarks etc. which subsist in the Platform Services are owned by DoReMIR and protected by applicable law. Any results from such work that DoReMIR might carry out on behalf of the User is also subject to this provision.

8.2. User owns or/and is responsible for all Material uploaded by the User, All intellectual property rights to such Material belong to the User or the licensor which the User has licensed the Material from. Material might, however, be processed in DoReMIR’s market analysis, business development and for statistics purposes only. Details will not be shared with third parties.

9. Personal Data

9.1. DoReMIR does not share the User’s personal data. The User decides whether to share his/her personal data with others. DoReMIR processes personal data in order to open User Accounts and process User’s publication of Material on the Platform. Personal data might be processed in DoReMIR’s internal market analysis, business development and for statistics.

9.2. DoReMIR is the personal data controller regarding the opening of Platform User Accounts. Each respective account holder is the personal data controller, however, for personal data included in Material and communication of a User Account.

9.3. If there are questions regarding the processing of personal data, purpose of processing personal data or recipient of personal data, the User may contact DoReMIR at support@doremir.com. The User may also use the same e-mail address to request any correction of personal data registered or if the User finds that DoReMIR has processed personal data unlawfully.

10. Termination, notice and inactivation of User Account

10.1. The agreement is entered into for an unlimited period of time. Either party may request termination of the contract in writing at least 30 days prior to the end of the current payment period, for termination at the end of the current payment period.

10.2. DoReMIR may immediately terminate the User’s account and terminate this agreement if the User has breached any provision of the Terms of Use. DoReMIR is entitled to deny a certain User access to the Platform and the Services and also deny the opening of accounts.

11. Amendments

11.1. DoReMIR may modify and amend these Terms of Use. Such amendments shall enter into effect 30 days from the date which DoReMIR has provided notice of the changes to the User. If the User finds that the proposed modifications or amendments encompass a limitation of the User’s rights in a way that the User cannot accept, the User is entitled to terminate his/her Platform User Account with 30 days of written notice. The User is required to stay updated in regards to the current Terms of Use applicable at the time of accessing the User Account and the Services.

12. Dispute

12.1. The interpretation and application of the Terms of Use shall be done according to Swedish law. Any dispute regarding the Platform and the Services shall be settled in Swedish courts, with the Stockholm city court (Stockholms tingsrätt) as the court of first instance.

Effective Date: 18 November 2013